NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
"Competence and Responsibilities", "Composition and Guarantees of Independence and
Pluralism", "Methods of Operation" and "Additional Principles Concerning the Status of
Commissions With Quasi-Jurisdictional Competence". Considering that the Paris Principles were adopted in 1993, the report also takes into account other documents created
at international level from that date onwards. These documents are the Model National
Legislation for the Guidance of Governments in the Enactment of Further Legislation
Against Racial Discrimination adopted in 1996 as a result of the activity initiated upon
the request of the Secretariat General of the United Nations for the purpose of creating
a model for use by states as a guide or basis for drawing up legislation against racial
discrimination (hereinafter referred to as "UN Model Legislation");9 General Policy Recommendation No. 2 of 1997 revised by the European Commission against Racism and
Intolerance (ECRI) in 201710 (hereinafter referred to as "ECRI GPT2"), Article 13 of the
Directive No. 2000/43/EC of the European Union imposing the liability of establishing
an equality institution,11 Article 12 of the Directive No. 2004/113/EC,12 Article 20 of the
Directive No. 2006/54/EC,13 Article 11 of the Directive No. 2010/41/EU,14 Article 15 of
the Directive No. 2019/115815 and the Recommendation of the European Commission of
June 22, 2018.16 A number of standards covered in these documents and not covered in
the Paris Principles are also included in the evaluation. It should be noted that the most
detailed regulations are covered by ECRI GPT2 out of these documents. While the EU
directives referred to in the study introduce obligations for equality institutions, they
seem to be quite superficial for the issue.
After putting forth the international standards for equality institutions, the study
makes an evaluation regarding the international standards by also making use of the
indicators prepared by the European Network of Equality Bodies (EQUINET)17. The
following matters touched upon by the Paris Principles, a text regarding national human rights institutions, must also be taken into consideration for equality institutions.
Therefore, it will be appropriate to interpret references made by the study to national
institutions in a way to include equality institutions.
9 Model National Legislation for the Guidance of Governments in the Enactment of Further Legislation Against Racial Discrimination,
UN Office of the High Commissioner for Human Rights, 1996, HR/PUB/96/2), www.ohchr.org/Documents/Publications/Discrimination962en.pdf (accessed: July 31, 2020)
10 ECRI General Policy Recommendation No2 revised on Equality Bodies to combat racism and intolerance at national level, http://
rm.coe.int/ecri-general-policy-/16808b5a23 (accessed: July 31, 2020).
11 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective
of racial or ethnic origin, OJ L 180, 19.7.2000, p. 22–26, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32000L0043&from=EN (accessed: July 31, 2020).
12 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in
the access to and supply of goods and services, OJ L 373, 21.12.2004, p. 37–43, https://eur-lex.europa.eu/legal-content/EN/TXT/
HTML/?uri=CELEX:32004L0113&from=EN (accessed: July 31, 2020).
13 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle
of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), OJ L 204,
26.7.2006, p. 23–36, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32006L0054&from=EN (accessed: July
31, 2020).
14 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal
treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/
EEC, OJ L 180, 15.7.2010, p. 1–6, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010L0041&from=EN
(accessed: July 31, 2020).
15 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and
carers and repealing Council Directive 2010/18/EU, OJ L 188, 12.7.2019, p. 79–93, https://eur-lex.europa.eu/legal-content/EN/
TXT/HTML/?uri=CELEX:32019L1158&qid=1596972173675&from=EN (accessed: July 31, 2020).
16 Commission Recommendation of 22.06.2018 on standards for equality bodies, European Commission, Brussels, 22.6.2018,
C(2018) 3850 final, https://ec.europa.eu/info/sites/info/files/2_en_act_part1_v4.pdf (accessed: July 31, 2020).
17 European Network of Equality Bodies, EQUINET Project on Standards for Equality Bodies, Mandate-Indicators, https://equineteurope.org/wp-content/uploads/2020/02/NEB_Mandate_indicators.pdf (accessed: July 31, 2020).
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