what nhri model for macedonia? initial findings skopje, 04.10.2012 biljana kotevska, crprc studiorum
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Standards:
Organisation of the United Nations
Council of Europe
European Union
Institutions:
Commission for Protection against Discrimination
Ombudsperson of the Republic of Macedonia
General Issues
NHRI Standards at Universal Level: NHRI Standards at Universal Level: UNUN
Hard law:
Convention on the Rights of Persons with Disability (Art.33)
Optional Protocol of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment and Punishment (Part IV – Art.17-23)
Soft law:
GA Resolution 48/134 and Principles relating to the Status of National Institutions
Vienna Declaration and Programme of Action
Human Rights Council Resolution A/HRC/20/L.15 (July 2012)
Authoritative interpretations assisting the reading of the law:
CRC, General Comment No.2
CESCR, General Comment No.10
CERD, General Recommendation XVII
CEDAW Statement on relationship with NHRIs
NHRI Standards at European NHRI Standards at European Regional LevelRegional Level
CoE
Committee of Ministers’ recommendations
85-13 (on the institution Ombudsperson)
97-14 (on establishment of independent national institutions for the promotion and protection of Human Rights)
ECRI Recommendations:
General Policy Recommendation No. 2 on specialised bodies to combat racism, xenophobia, antisemitism and intolerance at national level
General Policy Recommendation No. 7 on National legislation to combat racism and racial discrimination
EU
Race Equality Directive 2000/43, Art.13
RECAST Directive 2006/54, Art.20
Institutional Framework of Institutional Framework of Relevance for NHRIs in MacedoniaRelevance for NHRIs in Macedonia
Commission for Protection against Discrimination
Ombudsperson of the Republic of Macedonia
Commission for Protection against Commission for Protection against Discrimination [1]Discrimination [1] Competences:
International Human Rights Law
Explicit spell out of competences in the mandate (ex, monitoring of the situation in relation to equality and discrimination)
Cooperation with CSO
Exercise of the mandate
Accessibility:
Physical accessibility
Psychological accessibility
Language accessibility
Commission for Protection against Commission for Protection against Discrimination [2]Discrimination [2] Membership:
‘Social sciences’ (Art.18)
Pluralism:
Beyond ethnicity
Accountability:
Debate on the annual report
Resources:
Administrative support
Professionalization of the members of the CPAD
Sufficient funds to exercise its full mandate
Ombudsperson of the Republic of Ombudsperson of the Republic of MacedoniaMacedonia Membership:
Public call; possible consultations with CSOs
Pluralism:
Beyond ethnicity
Competences:
Promotion
International Human Rights Law
Public/Private
Cooperation: International Human Rights system; other actors
Resources:
Sufficient funds to exercise its full mandate
Some General IssuesSome General Issues
Need for adopting a National Human Rights Action Plan
Open participative process
Political Will
Non-retrogression guaranties
Possible scenarios