Obligations under international human rights law fall on States.

States are responsible for

the promotion
and protection of the human rights and the performance of the obligations that they
voluntarily accept
through becoming parties to (that is, ratifying or acceding to) treaties.

The human rights obligations of States are said to fall into three categories:

• the obligation to respect: States themselves and their agents, including the police
and the
military, must not violate human rights
• the obligation to protect: States must prevent human rights violations by others,
including
individuals, corporations and other organisations and actors
• the obligation to fulfil: States must take positive action to ensure the full enjoyment
of all human
rights by all people.

States are accountable internationally for their performance of these obligations. Through
the UN Human
Rights Council’s Universal Periodic Review (UPR), each State must report every four and a
half years
on its performance, expose itself to questioning and the responses of other States to its
report and
answers, and receive the recommendations of other States on what action it should take to
improve
its performance.

The international human rights system has developed a range of mechanisms, including the
UPR and
the treaty monitoring bodies, to encourage and monitor implementation of human rights
obligations.
However, the international system recognises that implementation and monitoring are best
undertaken
at the national or domestic level.

National human rights institutions (NHRIs) established in accordance with the international
minimum
standards for NHRIs are another domestic mechanism to assist the State to meet its
international
obligations to respect, protect and fulfil human rights.

With an international encouragement from the UN Commission on Human Rights, States

began to establish NHRIs. However, in spite of the
international encouragement, progress was slow. In 1990, there were fewer than 20 NHRIs.
Two
events in the early 1990s led to the rapid increase in NHRIs over the following 20 years.

The first significant event was a workshop of NHRIs, convened by the UN Commission on
Human
Rights in Paris, France, from 7 to 9 October 1991.

The workshop did what it was told to do but, in addition, and far more importantly, it drafted
the
Principles relating to the Status of National Institutions for the Promotion and Protection of
Human
Rights (the Paris Principles).
They are the standard against which NHRIs are assessed for recognition and participation in
the international human rights system and are “the test of an institution’s legitimacy and
credibility”.

DEFINITION OF NHRI

NHRIs are official independent legal institutions established by the State by law for the
promotion and protection of human rights. They are established by the constitution or an act
of the legislature that guarantees their independence from political direction and political
interference, both governmental and non-governmental. They comply with the international
minimum standards for NHRIs, the Paris Principles.

PARIS PRINCIPLE

The Paris Principles are the international minimum standards for NHRIs. They are not
aspirational –
what NHRIs should be – but obligatory – what NHRIs must be, if they are to be legitimate,
credible and
effective in the promotion and protection of human rights.

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