NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY Foreword National Human Rights Institutions (NHRIs) are recognised as fundamental mechanisms for the protection and promotion of human rights at a national level. While they differ from country to country, NHRIs can generally be categorised as Equality Bodies or the Ombudsman which might also have different mandates. However, these differences do not mean that there are not universal standards which NHRIs must meet. United Nations General Assembly resolution 48/134 of 1993 sets out universal standards regarding the status of NHRIs. This criteria, also known as the Paris Principles, states that NHRIs must be established by a constitutional or legislative text, have a broad mandate, be independent administrative and financially, be pluralistic in composition and should guarantee safeguards for its members. The Ombudsman Institution (KDK) was established through Law No. 6238 in 2012 to “examine, investigate, and submit recommendations concerning all sorts of acts and actions as well as attitudes and behaviours of the administration within the framework of an understanding of human rights-based justice and legality and conformity with principles of fairness, through creating an independent and effective mechanism of complaint concerning the public services”. Law No. 6332, which entered into force the same year, established the Human Rights Institution of Turkey but it was abolished through Law No. 6701 in 2016. In its place, the Human Rights and Equality Institution (TIHEK) was established to “protect and improve human rights on the basis of human dignity, ensure the right of individuals to be treated equally, prevent discrimination against the exercise of rights and freedoms which are determined by law and behave accordingly, combat torture and ill-treatment effectively and to fulfil its duty as a national preventive mechanism”. Legislation mandates TIHEK as a national preventive mechanism to eliminate torture as well as task it with preventing discrimination. The ability of everyone to enjoy fundamental rights and freedoms as guaranteed in international human rights treaties, runs parallel to the effectiveness of legislation on the prohibition of discrimination and preventive mechanisms. Prevention of discrimination requires increasing awareness among society, strengthening respect for human rights and diversity among all sections of public life, broadening legal protection towards groups at risk of discrimination as well as the existence and improvement of effective investigative and redress mechanisms. Human rights and equality institutions are mechanisms which arose from these particular necessities. From this perspective, these institutions should especially focus on protecting the human rights of the most vulnerable groups. 5