Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-tdptf Total loading time: 0 Render date: 2024-08-09T23:42:00.472Z Has data issue: false hasContentIssue false

2 - Challenges

from Part I - Background: history and challenges

Published online by Cambridge University Press:  05 November 2014

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

Summary

As noted in the previous chapter, the Paris Principles have reached an elevated status since they were adopted by NHRIs. They are now taken, whether at the national, regional or international level, as the definitive and most widely accepted benchmark against which NHRIs are assessed. Compliance with the provisions is seen as evidence of a credible and independent institution and one which is then used by NHRIs themselves to protect their mandate and work. However, the Paris Principles are not without criticism. They are arguably narrow in their focus, looking primarily at issues affecting the establishment of an NHRI rather than how the NHRI performs in practice. They do not seek to expand on or cover a comprehensive range of issues relevant to the functioning of an NHRI. Further, although compliance with the Paris Principles is seen as evidence of an NHRI’s legitimacy, the relationship between the different actors and stakeholders at the national, regional and international levels is not addressed. Neither do they look at all issues of accountability and effectiveness. Lastly, OPCAT and the CRPD prescribe national mechanisms to be established by States and make express reference to the Paris Principles. Although the Paris Principles have been shown in practice to be pertinent to the establishment of these mechanisms, the requirements set out in these treaties raise additional issues that need further consideration.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Cardenas, S., “National Human Rights Institutions and State Compliance”, in Goodman, R. and Pegram, T. (eds.), Human Rights, State Compliance, and Social Change. Assessing National Human Rights Institutions (New York: Cambridge University Press, 2012) 33Google Scholar
Kumar, C.R., “National Human Rights Institutions: Good Governance Perspectives on Institutionalization of Human Rights”, (2003) 19 (2) American University International Law Review259, 270Google Scholar
Pegram, T., “Diffusion Across Political Systems: The Global Spread of National Human Rights Institutions”, (2010) 32 Human Rights Quarterly729, 730CrossRefGoogle Scholar
Sidoti, C., “National Human Rights Institutions and the International Human Rights System’ in Goodman and Pegram (eds.), 100
de Beco, G., “Article 33(2) of the UN Convention on the Rights of Persons with Disabilities. Another Role for National Human Rights Institutions?”, (2011) 29 (1) Netherlands Quarterly of Human Rights84, 105–06CrossRefGoogle Scholar
International Council on Human Rights Policy (ICHRP), Performance and Legitimacy: National Human Rights Institutions, 2nd edn (Versoix: ICHRP, 2004) 2Google Scholar
Murray, R., “National Human Rights Institutions: Criteria and Factors for Assessing their Effectiveness”, (2007) 25 (2) Netherlands Quarterly of Human Rights189CrossRefGoogle Scholar
Pegram, T., “Diffusion Across Political Systems: The Global Spread of National Human Rights Institutions”, (2010) 32 Human Rights Quarterly729–60CrossRefGoogle Scholar
Reif, L.C., “Building Democratic Institutions: The Role of National Human Rights Institutions in Good Governance and Human Rights Protection”, (2000) 13 Harvard Human Rights Journal34Google Scholar
Steinerte, E. and Murray, R., “Same but Different: National Human Rights Commissions and Ombudsman Institutions as National Preventive Mechanisms under the Optional Protocol to the UN Convention Against Torture”, (2009) Essex Human Rights Law Review Special Issue 77Google Scholar
Murray, R., “National Preventive Mechanisms Under the Optional Protocol to the Torture Convention: One Size Does Not Fit All”, (2008) 26 (4) Netherlands Quarterly of Human Rights485CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Challenges
  • 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/CBO9781139565325.004
Available formats
×

Save book to Dropbox

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 Dropbox.

  • Challenges
  • 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/CBO9781139565325.004
Available formats
×

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.

  • Challenges
  • 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/CBO9781139565325.004
Available formats
×