“The DIHR states that functional immunity is not part of the Danish legal tradition and maintains that the absence of immunity has not affected public confidence in the institution. The DIHR also states that it has never received instruction from government, no legal action has been initiated against staff, and that DIHR staff have extensive freedom of expression.

The SCA considers it preferable for these protections to be explicitly entrenched in NHRI legislation or another applicable law of general application. The SCA acknowledges that such protection may also exist by virtue of the specific legal context in which the NHRI operates.

The SCA encourages the DIHR to advocate for legal protections for its Board 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’.”