“The mandate provided to the CHRP as per the Constitution and the Act of 15 July 1987 on the Commissioner for Human Rights (enabling Law) does not explicitly set out the full range of functions that an NHRI should undertake in exercising its promotional mandate.
The SCA notes the information provided by the CHRP that, following the broad formulation of the CHRP’s mandate, in Article 208 para. 1 of the Constitution, the CHRP has in practice engaged in a range of activities to promote human rights, including through the establishment of the Center of Societal Projects, which seeks to promote human rights and freedoms.
The SCA is of the view that all NHRIs should be legislatively mandated with specific functions to both promote and protect human rights. The SCA understands ‘promotion’ to include those functions which seek to create a society where human rights are more broadly understood and respected. Such functions may include education, training, advising, public outreach and advocacy.
The SCA reiterates its 2017 recommendation for the CHRP to continue interpreting its mandate in a broad manner and to advocate for amendments to its enabling legislation to give it a more comprehensive mandate to promote human rights.
The SCA refers to Paris Principles A.1, A.2 and A.3 and to its General Observations 1.2 on ‘Human rights mandate.”