Article 3(7) of the Law on the Ukrainian Parliament Commissioner for Human Rights (Law) mandates the UPCHR to engage in the “promotion of the legal awareness of the population”. While the SCA acknowledges that the UPCHR interprets its mandate in a broad manner and that it carries out a range of activities to promote human rights, it is of the view that all NHRIs should be legislatively mandated with specific functions to both promote and protect human rights.
Article 3(4) of the Law mandates the UPCHR to facilitate the process of bringing legislation of Ukraine on human and citizens’ rights and freedoms into accordance with […] international standards in this area. While acknowledging that the UPCHR interprets this mandate broadly and in practice, conducts such activities, the Law does not provide the UPCHR with an explicit mandate to encourage ratification of or accession to regional and international human rights instruments.
The SCA reiterates its recommendation for the UPCHR to continue to interpret its mandate broadly and to advocate for appropriate amendments to its enabling law in order to make explicit a broad promotion function and a mandate to encourage ratification or accession to international human rights instruments.
The SCA refers to Paris Principles A.1, 2 and 3(c) and to its General Observation 1.2 on ‘Human rights mandate’, and 1.3 on ‘Encouraging ratification or accession to international human rights instruments’
