Chapter I:
Advisory Opinions Submitted by the National Institution For Human Rights
to the Constitutional Authorities
Introduction
To encourage ratification or acceding to regional and international human rights conventions, and to
ensure their effective implementation, is one of the main functions and duties of the national human
rights institutions. And beyond that, the necessity arises for performing evaluations of the extent of
the compliance of the State with the regional and international obligations arising from ratification or
accession, while proposing legislations or regulations or practices or amending what exists from among
them in a manner consistent with the relevant regional or international standards.2
By referring to the provisions of Law Number (26) of 2014 concerning the establishment of the National
Institution for Human Rights, amended by the amended Decree-Law Number (20) of 2016, we find
that Article (12) of Paragraph (b) thereof expressly affirms that the National Institution is competent
to: ”study the legislations and regulations in force in the Kingdom relating to human rights, and to
recommend the amendments it deems suitable, particularly insofar as the harmony of those legislations
with the international human rights commitments of the Kingdom, and it may also recommend the
enactment of new legislations related to human rights.”
Paragraph (c) of the same Article provides that it is competent to “explore the harmony of the legislative
and regulatory stipulations with regional and international conventions related to human rights issues,
and to present proposals and recommendations to the competent authorities insofar as all that may
promote and protect human rights, including recommendation to accede to regional and international
conventions concerned with human rights,”. It may be mentioned that those jurisdictions are a reflection
of the contents of the Paris Principles and the general comments of the Sub-Committee on Accreditation
(SCA).
To activate this jurisdiction, the National Institution expressed its perspectives on a number of requests
received by it concerning the edicts, draft laws and proposals, referred to it by the Shura Council,
amounting to two requests, while the number of requests received from the House of Representatives
was six.
Moreover, it took the initiative on its own to refer one advisory opinion to the government, concerning
amending a national legislation to make it harmonious with international human rights standards,
where the Council of Ministers- in accordance with the provisions of the Constitution- refers the draft
laws to the legislative authority.
Hence, this Chapter tackles the advisory opinions submitted by the National Institution to the
constitutional authorities in three basic sections: the first is specified for reviewing the perspectives
referred to the Shura Council, while the second section is devoted to expositing the perspectives
2 The Paris Principles related to the status of the national institutions for promoting and protecting human rights- jurisdictions and responsibilities- Paragraph (3) p.5/General Comment (1-3) Encouragement of ratification or accession to
international human rights instruments.
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