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business and human rights, the United Nations Sustainable Development
Goals (SDG), and the Right to Development (with special focus on
vulnerable and disadvantaged sectors).81 The creation of this center lends
credence to this Honorable Commission’s authority and thrust to promote
and protect not only civil and political -- but also economic, social, and
cultural -- rights.
2.47. In any event, the Honorable Commission’s broad mandate is
sanctioned by the Constitution, and is reinforced by the Principles relating
to the Status of National Institutions, known as the Paris Principles, adopted
by the United Nations General Assembly in 1993.82
2.48. The Paris Principles states that National Human Rights
Institutions (NHRIs) “shall be given as broad a mandate as possible.”83
Further, the directive of the Sub-Committee on Accreditation (SCA) General
Observations, which aim to guide the interpretation and implementation of
the Paris Principles, is telling—
“A National Institution’s mandate should be
interpreted in a broad, liberal and purposive manner to
promote a progressive definition of human rights which
includes all rights set out in international, regional and
domestic instruments, including economic, social and
cultural rights. Specifically, the mandate should: extend
to the acts and omissions of both the public and private
sectors; . . . provide the authority to address
recommendations to public authorities, to analyse the
human rights situation in the country, and to obtain
statements or documents in order to assess situations raising
human rights issues.”84
2.49. Finally, the Paris Principles also decreed that a NHRI shall
have the responsibility to produce reports and recommendations “on any
matters concerning the promotion and protection of human rights,” including
“[a]ny violation of . . . human rights which it decides to take up.”85 This
responsibility, according to SCA General Observation, is broad as to afford
the public the protection of a wide range of international human rights which
include -- but are not limited to -- civil, political, economic, social, and
cultural rights.86
81
CHR’s Specialized/Thematic Human Rights Program, available at http://198.23.173.74/chr/what-doesthe-commission-do/specialized-thematic-human-rights-program/, last accessed on 01 January 2017.
82
ELAW’s amicus curiae brief dated 07 November 2016, pp. 13-14; see G.A. G.A. Res. 134, U.N. Doc.
A/RES/48/134 (20 December 1993), available at
http://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfNationalInstitutions.aspx, last accessed on 01
January 2017.
83
ELAW’s amicus curiae brief, p. 14; see G.A. G.A. Res. 134, U.N. Doc. A/RES/48/134, Id., Principle 2.
84
ELAW’s amicus curiae brief, p. 14; see Sub-Committee on Accreditation General Observations, G.O.
1.2, available at http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Documents/SCA%20GENERA
L%20OBSERVATIONS%20ENGLISH.pdf, last accessed on 01 January 2017.
85
ELAW’s amicus curiae brief, p. 14; Id. at Principle 3(a)(ii).
86
ELAW’s amicus curiae brief, p. 14; Id. at SCA General Observations, G.O. 1.2 (ii).
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