“The CNCDH indicated that only constitutional bodies enjoy functional immunity in the French legal tradition. It reiterates that the absence of functional immunity has not affected public confidence in the institution, hindered the institution’s ability to implement its mandate or to take positions on key human rights issues independently. The CNCDH indicated that functional protection is provided through a system of protection for public servants, including laws on freedom of expression.

The SCA acknowledges that such protection may also exist by virtue of the specific legal context in which the NHRI operates. However, the SCA considers it preferable for these protections to be explicitly entrenched in NHRI legislation and encourages the CNCDH to advocate for legal protections for its members and staff from legal liability for actions taken in their official capacity.

The SCA refers to Paris Principle B.3 and to its General Observation 2.3 on ‘Protection from criminal and civil liability for official actions and decisions undertaken in good faith’.”