Improving co-operation between national human rights institutions and parliaments in addressing equality and non-discrimination issues
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 23 May 2014 (see Doc. 13506, report of the Committee on Equality and Non-Discrimination,
rapporteur: Ms Katherine Zappone).
1. Parliaments and national human
rights institutions (NHRIs) play a key role in the promotion and protection
of equality and non-discrimination at the national level. Within
their respective remits and responsibilities, they develop law and
policy, interact with the population, exercise oversight over the government,
raise awareness of and investigate human rights violations.
2. Recalling the principles relating to the status and functioning
of national institutions for the protection and promotion of human
rights (Paris Principles), as founding elements of the independence
of NHRIs, the Parliamentary Assembly underscores that close co-operation
between parliaments and NHRIs is mutually beneficial and can increase
their impact on the effective implementation of human rights standards.
3. In this context, the Assembly welcomes the adoption in 2012
of the Belgrade Principles on the relationship between national
human rights institutions and parliaments and encourages their implementation, on
the understanding that such co-operation will not undermine the
NHRIs’ independence.
4. The Assembly also recalls the Brighton Declaration adopted
at the High Level Conference on the Future of the European Court
of Human Rights, which called for consideration of the establishment
of an independent national human rights institution in Council of
Europe member States, if they had not already done so.
5. In the light of these considerations, the Assembly calls on
member States to:
5.1 establish,
where it does not yet exist, an independent national human rights
institution in full compliance with the Paris Principles;
5.2 actively engage with NHRIs, while respecting their independence,
on equality and non-discrimination issues, seek advice and take
their findings and recommendations into consideration when developing
law, policy and practice;
5.3 ensure that national human rights institutions have appropriate
funding and staffing to enable them to fulfil their mandate, and
avoid budgetary cuts that would undermine their independence and hinder
their ability to carry out their functions.
6. The Assembly also calls on national parliaments of the member
States to:
6.1 set up, where it
does not yet exist, a parliamentary committee responsible for human
rights, equality and non-discrimination issues;
6.2 develop formal co-operation channels with NHRIs, with
full respect for their independence;
6.3 utilise the NHRIs’ reports and data, and hold a debate
on the annual report of their activities and their reports on the
situation of human rights in the country;
6.4 seek advice from NHRIs in the preparation of draft legislation
and use them as sources of information on equality, human rights
and non-discrimination, including by inviting NHRI representatives to
give evidence during parliamentary hearings and discussions;
6.5 seek advice from NHRIs in ensuring compliance with international
human rights treaties and the decisions of their supervisory bodies
and mechanisms, including the judgments of the European Court of
Human Rights;
6.6 implement the basic principles for parliamentary supervision
of international human rights standards contained in Assembly
Resolution 1823 (2011) “National
parliaments: guarantors of human rights in Europe”;
6.7 monitor and scrutinise any new legislation regarding NHRIs
or proposed changes to existing legislation which could undermine
their full independence from the State, and seek information from
the NHRIs on any threats to their independence or functioning.
7. The Assembly encourages national human rights institutions
to:
7.1 submit to parliament a
yearly report on the situation of equality, human rights and non-discrimination
in the country and request a parliamentary debate on the key issues
identified;
7.2 submit reports on specific situations or on cases that
reveal systemic human rights issues, in particular in the field
of equality and non-discrimination;
7.3 send all published reports to parliamentarians as a matter
of routine;
7.4 provide, when requested, comments on draft legislation
and prepare human rights impact assessments of proposed legislation;
7.5 organise information sessions on human rights, equality
and non-discrimination for members of parliament, thus contributing
to their ability to act on these issues;
7.6 support the enhancement of parliamentary oversight of
the executive by providing targeted information and advice to parliamentarians;
7.7 seek opportunities to meet with parliamentarians to discuss
human rights concerns, including requests to brief parliamentary
committees and/or individual parliamentarians;
7.8 organise conferences on the implementation of the recommendations
of the Council of Europe monitoring mechanisms, concluding observations
of United Nations treaty bodies and the outcome of the Human Rights
Council Universal Periodic Review.
8. With a view to increasing the effectiveness of their exchange
for tangible results, the Assembly calls on parliaments and NHRIs
to:
8.1 promote and implement the
Belgrade Principles and develop the understanding of these principles
at the national level;
8.2 identify opportunities for joint initiatives and hold
joint events to raise awareness of equality and non-discrimination
issues;
8.3 share information on equality and non-discrimination issues;
8.4 appoint an officer dedicated to co-operation between parliaments
and NHRIs;
8.5 establish partnerships for reporting to United Nations
treaty bodies;
8.6 explore partnerships on human rights issues by engaging
with supranational bodies, including intergovernmental organisations
and international financial institutions, in particular in the field
of equality and non-discrimination.
