NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
smooth conduct of its activities and in particular adequate funding 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? (Paris
Principles)
- Are the members of the equality institution assigned by an official act which shall
establish the specific duration of the mandate in order to enshrine their independence? (Paris Principles)
- Is it possible to renew the assignment of the members of the equality institution
provided that the diversity of members is ensured? (Paris Principles)
- Do the leadership, advisory bodies and staff of the equality institution reflect, as
far as possible, social and geographical diversity and are they gender balanced?
((ECRI GPT2, para. 38; Model National Legislation, para. 18)
- If the equality institution is established as a part of multi-mandate institutions, is
the equality mandate of the institution clearly set in the legislation, does it have
appropriate human and financial resources to ensure an appropriate focus on the
equality mandate and do the reporting arrangements give adequate prominence to
its function as an equality institution as well as relevant issues? (ECRI GPT2, para. 7)
- Are not only de jure, but also de facto independence ensured for the equality institution? (ECRI GPT2, para. 2)
- Can the equality institution function without any interference from the state,
political parties or other actors? (ECRI GPT2, para. 22)
- Are the persons holding leadership positions in the equality institution appointed
by a transparent, competency-based and participatory procedure and does the executive body have any decisive influence in any stage of the assignment process?
(ECRI GPT2, para. 23)
- Do the directors of the equality institution benefit from functional immunity, are
they protected against threats and coercion and do they have appropriate safeguards against arbitrary dismissal or the arbitrary non-renewal of an appointment? (ECRI GPT2, para. 24)
- Are any activities and affiliations which are compatible and incompatible with
holding leadership positions in the equality institution clearly set out in the legislation? (ECRI GPT2, para. 25)
- Do the directors of the equality institution have clearly defined responsibilities in
the legislation, are they remunerated at a reasonable level, and appointed for an
appropriate time period? (ECRI GPT2, para. 26)
- Can the equality institution decide independently on its internal structure and
how to manage its resources, recruit and appoint its own staff and have its own
premises, which should be adequate for its needs? (ECRI GPT2, para. 27)
- Does the equality institution have sufficient staff and funds to implement all its
functions and competences in an effective way, is its budget annually set by the
legislative body, is it possible to make any arbitrary and disproportionate reduction in its budget and where its mandate, functions and competences are expanded, is its budget increased accordingly? (ECRI GPT2, para. 28)
- Does the equality institution have the right to raise additional funds for the carrying out of its functions in an open and transparent manner from sources other
than the state in or outside the country while ensuring that this does not compromise its independence? (ECRI GPT2, para. 29)
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