Advice and
recommendation
in relation to
extra-territorial human
rights situations
The role of NHRIs in relation to extra-territorial human rights situations is a more complex issue than
dealing with extra-territorial human rights cases. Because each NHRI’s legal focus is the promotion
and protection of human rights within its own country, the initial response to an extra-territorial
human rights situation is likely to be that the NHRI has no power under its law to act on the situation.
The legal position, however, is not so definite.
All NHRIs have a function to provide advice and recommendations to their governments and
parliaments on laws that should be made and action that should be taken to ensure better promotion
and protection of human rights. The scope of this function varies from one NHRI to another, according
to its law. In no instances is it an unlimited function, that is, a general function to deal with any human
rights situation anywhere in the world. There should normally be some factual or legal connection to
the NHRI’s home country that triggers the NHRI’s jurisdiction. However, the function is not restricted
to situations within the territory of the home country.
A factual connection exists where the extra-territorial human rights situation affects the territory or
the citizens of the NHRI’s home State.
A legal connection exists where the extra-territorial human rights situation engages the obligations
of the NHRI’s home State under international law.
National action on international issues:
issues
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