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. 11

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