Chapter I
Advisory Opinions Submitted by the National Institution for Human Rights
to the Constitutional Authorities
Preface:
One of the main tasks and duties entrusted with the NIHR is to encourage the ratification or acceding
to regional and international human rights instruments and to ensure their effective implementation.
NIHR duties and tasks do not end there, but rather they go beyond that to demonstrate compliance
by State parties to the regional and international obligations arising from ratification or accession to
such instruments, and to propose legislation, regulations, or practices, or to amend such, in a manner
consistent with the relevant regional or international standards.(1)
Referring to the provisions of Law No. (26) of 2014 on the Establishment of the National Institution
for Human Rights, amended by Decree-Law No. (20) of 2016, Paragraph (b) of Article (12) thereof
expressly affirms that the NIHR is duly authorized to “Review legislation and regulations in force
in the Kingdom pertaining to human rights, and recommend the amendments it deems suitable,
particularly insofar as the consistency of such legislation with the Kingdom’s commitments to the
international human rights. It may also recommend enacting new legislation related to human
rights.”
Paragraph (c) of the same Article stipulates that the NIHR is competent to “Review the consistency
of legislative and regulatory stipulations with regional and international conventions on human
rights issues, and to present proposals and recommendations to the competent authorities insofar as
everything that would promote and protect human rights, including the recommendation to accede
to regional and international conventions on human rights.” Such competence is a reflection of the
content of the Paris Principles and the General Comments of the Sub-Committee on Accreditation
(SCA).
To set off such competence, the NIHR expressed its viewpoints on two requests referred to it by the
Shura Council and ten requests referred by the House of Representatives pertaining to decrees, draft
laws, and proposed laws.
Therefore, this Chapter tackles the advisory opinions submitted by the NIHR to the constitutional
authorities in two main sections: Section I presents NIHR’s perspectives that is referred to the Shura
Council, while Section II presents NIHR’s perspectives referred to the House of Representatives,
with respect to issues, which, in its view, have infringed or have a direct impact on human rights
and fundamental freedoms, while taking into consideration the provisions of the Constitution and the
relevant regional and international instruments and standards.
(1) T
he Paris Principles relating to the status of national institutions for promoting and protecting human rights- competence and responsibilities- Paragraph (3)
p.5/General Comment (1-3) Encourage ratification of or accession to human rights instruments - p. 91.
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