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National Human Rights Institutions: An Emerging Human Rights Actor in the European Union

Published online by Cambridge University Press:  22 February 2022

Philip Czech
Affiliation:
University of Salzburg
Lisa Heschl
Affiliation:
University of Graz
Karin Lukas
Affiliation:
Ludwig Boltzmann Institut für Menschenrechte, Austria
Manfred Nowak
Affiliation:
University of Vienna
Gerd Oberleitner
Affiliation:
European Training and Research Centre for Human Rights and Democracy, University of Graz
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Summary

ABSTRACT

National Human Rights Institutions (NHRIs) enjoy a sui generis standing in society, being state bodies, yet independent of their governments. With their strong mandates, they provide an institutional space for the promotion and protection of human rights within their domestic orders. Over the last two decades, the crucial role played by NHRIs in upholding human rights in the European Union (EU) has been increasingly recognised. 2020 marked a milestone year for the EU-NHRI cooperation, with a number of policy developments opening windows of opportunity for a stronger partnership. This contribution aims at further exploring the unique potential of European NHRIs as emerging human rights actors in the EU. After providing an overview of European NHRIs’ mandates, functions and status, the contribution will investigate promising practices and areas of closer NHRI cooperation with the EU in the fields of rule of law and migration, including in the COVID-19 context, for the better protection and promotion of human rights in the region.

INTRODUCTION

The unprecedented COVID-19 crisis highlighted the need for strong, independent and effective national actors to ensure that human rights are promoted and protected, including in times of emergency. The existence of such national entities is as old as the idea of international human rights, yet today's concept of National Human Rights Institutions (NHRIs) was formalised in 1991 with the adoption of the so-called Paris Principles, setting out high standards of independence and effectiveness for the functioning of these institutions.

As of today, wider Europe hosts 47 NHRIs. Within the remits of their mandates, these institutions have increasingly engaged with regional actors, such as the Council of Europe (CoE), the Organization for Security and Co-operation in Europe (OSCE) and the European Union (EU, the Union). Nevertheless, the level of NHRIs’ regional engagement, notably with the EU, is yet to be fully explored. In the last decade, EU-NHRI cooperation has increasingly expanded, boosted by the creation of the European Network of National Human Rights Institutions (ENNHRI) in 2013. Several EU policy instruments and processes have already explicitly recognised NHRIs’ significant role in the protection and promotion of fundamental rights both at national and regional levels.

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Publisher: Intersentia
Print publication year: 2021

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