Part II NHRIs in action
Chapter 7:
Investigating allegations of
human rights violations
KEY QUESTIONS
• What steps can NHRIs take to ensure that migrant workers are able to
make complaints of human rights violations?
• What evidence should NHRIs collect when investigating allegations of
human rights violations against migrant workers? How should interviews
with migrant workers be conducted?
• How can NHRIs seek to address systemic human rights violations against
migrant workers and members of their families?
BASIS FOR NHRI INVOLVEMENT
Paris Principles
Competence and responsibilities
3. A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the Government, Parliament and any other competent
body, on an advisory basis either at the request of the authorities
concerned or through the exercise of its power to hear a matter without higher referral,
opinions, recommendations, proposals and reports on any matters concerning the
promotion and protection of human rights; the national institution may decide to
publicize them; these opinions, recommendations, proposals and reports, as well as any
prerogative of the national institution, shall relate to the following areas:
(ii) Any situation of violation of human rights which it decides to take up;
(iv) Drawing the attention of the Government to situations in any part of the country
where human rights are violated and making proposals to it for initiatives to put an
end to such situations and, where necessary, expressing an opinion on the positions
and reactions of the Government;
Additional principles concerning the status of commissions with quasi-jurisdictional
competence
A national institution may be authorized to hear and consider complaints and petitions
concerning individual situations. Cases may be brought before it by individuals, their
representatives, third parties, non-governmental organizations, associations of trade unions or
any other representative organizations. In such circumstances, and without prejudice to the
principles stated above concerning the other powers of the commissions, the functions
entrusted to them may be based on the following principles:
(a) Seeking an amicable settlement through conciliation or, within the limits prescribed by
the law, through binding decisions or, where necessary, on the basis of confidentiality;
Chapter 7: Investigating allegations of human rights violations | 85
Выберите целевой абзац3
Подключиться к абзацу
Connect to an entity
Disable highlights
Добавить в оглавление