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5 - National Human Rights Institutions and the International Human Rights System

from PART II - NHRI Performance

Published online by Cambridge University Press:  05 June 2012

Ryan Goodman
Affiliation:
New York University School of Law
Thomas Pegram
Affiliation:
New York University School of Law
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Summary

Introduction

National human rights institutions (NHRIs or national institutions) and the international human rights system have a history of engagement but too often it has been one sided. Although national human rights institutions are the creations of their own domestic laws and processes, their existence is closely connected with the international human rights system that has nurtured and promoted them for many decades, especially since 1993. The international system now looks to the institutions to play significant roles through engagement with its mechanisms and processes. Yet, national institutions have often been slow to respond to this expectation and few make more than sporadic, ad hoc contributions. This chapter examines the relationship. It discusses the importance of international engagement by national institutions and describes the opportunities and procedures for engagement that are available if national institutions are prepared to use them. It argues that the international human rights system now needs their support and contribution and that it is in the interests of the institutions themselves to respond positively.

National Institutions Are Products of the International System

Although the first national institutions were established in the late 1970s and 1980s, their growth in numbers and strength can be traced directly to the strong endorsement they received from the Second World Conference on Human Rights in 1993:

The World Conference on Human Rights reaffirms the important and constructive role played by national institutions for the promotion and protection of human rights, in particular in their advisory capacity to the competent authorities, their role in remedying human rights violations, in the dissemination of human rights information, and education in human rights.

The World Conference on Human Rights encourages the establishment and strengthening of national institutions, having regard to the “Principles relating to the status of national institutions” and recognizing that it is the right of each State to choose the framework which is best suited to its particular needs at the national level.

Type
Chapter
Information
Human Rights, State Compliance, and Social Change
Assessing National Human Rights Institutions
, pp. 93 - 123
Publisher: Cambridge University Press
Print publication year: 2011

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References

Pohjolainen, A.The Evolution of National Human Rights Institutions: The Role of the United NationsCopenhagenDanish Institute for Human Rights 2006
Carver, RichardPerformance and Legitimacy: National Human Rights InstitutionsVersoixInternational Council for Human Rights Policy 2004
2009

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