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6 - Independence

from Part II - Commentary principle by principle

Published online by Cambridge University Press:  05 November 2014

Gauthier de Beco
Affiliation:
Katholieke Universiteit Leuven, Belgium
Rachel Murray
Affiliation:
University of Bristol
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Summary

COMPOSITION AND GUARANTEES OF INDEPENDENCE AND PLURALISM

. . .

2. The national institution shall have an infrastructurewhich is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.

3. In order to ensure a stable mandate for the members of the national institution, without which there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution’s membership is ensured.

Independence is central to the Paris Principles and the accreditation of an NHRI. It also goes to the heart of the effectiveness of an NHRI. The value of an independent body is that its distance, conversely, enables it to act as a bridge or mediate between government and non-government entities –a partner – trusted yet separate from both. The Paris Principles set out a range of factors which are supposed to support the independence of an NHRI and against which they are assessed in terms of accreditation. These will be examined below. However, even compliance with the various elements of the Paris Principles may not guarantee independence in practice. An NHRI is an inherently contradictory body when it comes to independence: on the one hand, it is established by the State through the constitution or legislation, and, on the other hand, it is supposed to be independent from it.

Therefore, although the Paris Principles contain provisions relating to funding, functional independence and independence of personnel, it is clear that independence is more than this and a factor with which many grapple. However, given how important it is, one would think it would have been more clearly defined.

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Publisher: Cambridge University Press
Print publication year: 2014

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References

de Beco, G., “National Human Rights Institutions in Europe”, 7 (2) Human Rights Law Review (2007) 370, 341CrossRefGoogle Scholar
OHCHR, Professional Training Series No. 4, National Human Rights Institutions. History, Principles, Roles and Responsibilities (Geneva: UN, 2010) 40Google Scholar
Eklundh, C., “The Independence of the Ombudsman”, in The Work and Practice of Ombudsman and National Human Rights Institutions, Articles and Studies (Copenhagen: Danish Centre for Human Rights, 2002) 13Google Scholar
National Human Rights Institutions, 40
EU Fundamental Rights Agency, National Human Rights Institutions in the EU Member States (Strengthening the Fundamental Rights Architecture in the EU I) (Vienna: FRA, 2010) para. 4.3.3Google Scholar
Commonwealth Secretariat, National Human Rights Institutions. Best Practice (London: Commonwealth Secretariat, 2001) 16Google Scholar
International Council on Human Rights Policy (ICHRP) and OHCHR, Assessing the Effectiveness of National Human Rights Institutions (Versoix/Geneva: ICHRP/OHCHR, 2005) 12Google Scholar

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  • Independence
  • Gauthier de Beco, Katholieke Universiteit Leuven, Belgium, Rachel Murray, University of Bristol
  • Book: A Commentary on the Paris Principles on National Human Rights Institutions
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139565325.009
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  • Independence
  • Gauthier de Beco, Katholieke Universiteit Leuven, Belgium, Rachel Murray, University of Bristol
  • Book: A Commentary on the Paris Principles on National Human Rights Institutions
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139565325.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Independence
  • Gauthier de Beco, Katholieke Universiteit Leuven, Belgium, Rachel Murray, University of Bristol
  • Book: A Commentary on the Paris Principles on National Human Rights Institutions
  • Online publication: 05 November 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139565325.009
Available formats
×