NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY representatives, third parties, civil society organizations, trade unions or any other organization representing the victims. In this context, it is possible to create these indicators by considering the Paris Principles, ECRI GPT2 and the Recommendation of the European Commission. - Can the equality institution seek an amicable settlement through mediation or, within the limits prescribed by the law, through binding decisions or, where necessary, on the basis of confidentiality? (Paris Principles) - Does the equality institution inform the party that filed the petition of its rights, in particular the remedies available thereto and promote its access to them? (Paris Principles) - Does the equality institution transmit complaints to any other competent authority within the limits prescribed by the law? (Paris Principles) - Does the equality institution make recommendations to the competent authorities, especially by proposing amendments or reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights? (Paris Principles) - Does the equality institution apply the principle of shared burden of proof during the decision-making process? (ECRI GPT2, para 17(a)) - Does the equality institution issue legally binding decisions or recommendations that require action to put an end to discrimination, achieve full equality, and avert future discrimination and impose effective, proportionate and dissuasive sanctions including payment of compensation for both pecuniary and non-pecuniary damage, fines and the publication of the decision and the name of the perpetrator? (ECRI GPT2, para. 17(c)) - Does the equality institution publish its decisions and perform any monitoring activity to ensure the execution and implementation of its decisions? (ECRI GPT2, para. 17(d)) - Is there a right to appeal before the courts against the decisions of the equality institution? (ECRI GPT2, para. 19) - Are the victims offered the right to choose whether they first initiate proceedings before the equality institution or whether they proceed directly to the courts? (ECRI GPT2, para. 20) - Are the time limits for the initiation of subsequent court proceedings suspended in the event that the victims apply before the equality institution? (ECRI GPT2, para. 20) - Do the government and other public authorities consult and cooperate with the equality institution and take its recommendations on legislation, policies, procedures, programmes, and practices into account? (ECRI GPT2, para. 36) - Does the legislation provide that the government and other public authorities must reply to or take action to implement the equality institution’s recommendations within a certain timescale? (ECRI GPT2, para. 36) 16

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