NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
I. INTERNATIONAL STANDARDS FOR EQUALITY
INSTITUTIONS
A- Competence and Responsibilities
The first section of the Paris Principles titled "Competence and Responsibilities" touches
upon the competence and responsibilities of national institutions. In this context, it is
possible to create these indicators by considering the Paris Principles, ECRI GPT2 and
the Recommendation of the European Commission.
- Are the composition and sphere of competence of the equality institution clearly
set forth in the constitution or laws? (Paris Principles)
- Is the equality institution given as broad a mandate as possible? (Paris Principles)
- Is the equality institution authorized to submit to the government, legislative
body and any other competent body, on an advisory basis either at the request of
the authorities concerned or through the exercise of its power opinions, recommendations, proposals and reports on any matters concerning the promotion and
protection of human rights and to publicize them if deemed necessary? (These
authorities may include: Any legislative or administrative provisions, as well as
provisions relating to judicial organizations, intended to prevent and eliminate
discrimination; any situation of violation of non-discrimination which it decides
to take up; the preparation of reports on the national situation with regard to
non-discrimination in general, or on more specific matters; drawing the attention
of the government to situations in any part of the country where non-discrimination is violated and making proposals to it for initiatives to put an end to such
situations and, where necessary, expressing an opinion on the positions and reactions of the government.) (Paris Principles)
- Is the equality institution authorized to promote and ensure the harmonization
of national legislation, regulations and practices with the international human
rights instruments to which the state is a party, and their effective implementation? (Paris Principles)
- Is the equality institution authorized to ensure that the state becomes a party to
international human rights conventions and ensure the implementation thereof?
(Paris Principles)
- Is the equality institution authorized to contribute to the reports which the state
is required to submit to UN bodies or regional intergovernmental organizations
pursuant to their obligations arising out of human rights treaties and, where necessary, to express an opinion on the subject, with due respect for its independence? (Paris Principles)
- Is the equality institution authorized to cooperate with the UN and any other
organization in the UN system, the regional institutions and the national institutions of other countries that are competent in the areas of the prevention and
elimination of discrimination? (Paris Principles)
- Is the equality institution authorized to assist in the formulation of programmes
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