Key findings and FRA opinions

• Pages: 10-24

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Key f‌indings and FRA opinions

This report looks at the importance of nationalhumanrightsinstitutions

(NHRIs, or the institutions) in promoting and protecting human rights at both

national and EU levels. Given that the overwhelming part of national law- and

policymaking is directly or indirectly inf‌luenced by EU law, NHRIs– with their

broad mandates to promote and protect human rights– could play agreater

role in the EU. The report highlights efforts that could be made to strengthen

the institutions to increase their impact and eff‌iciency and describes the

challenges they face. It identif‌ies ways forward for NHRIs to play amore

signif‌icant role in the context of fundamental rights protection in the EU.

During the 10years since FRA, in its f‌irst report on NHRIs, examined the

institutions as part of the emerging fundamental rights architecture of the

EU, the number of Paris Principles-compliant NHRIs has risen from nine to 16,

among the current 27 EU Member States. An additional six EU Member States

have NHRIs that are not fully compliant with the principles. Consequently,

all but f‌ive EU Member States (Czechia, Estonia, Italy, Malta and Romania)

have NHRIs. Developments are also under way in those f‌ive countries to

accredit institutions and to achieve compliance with the Paris Principles. An

important development since FRA’s 2010 report on the institutions is the

establishment of the EuropeanNetworkofNHRIs (ENNHRI). This network

supports, strengthens and connects NHRIs, providing advice on establishment

and accreditation, peer exchange and capacity building, solidarity, and joint

engagement with the EU and other mechanisms.

The EU has never legislated on issues dealing with NHRIs but, in its 2014

Regulation (EU) No.235/2014 of the European Parliament and of the Council of

11March2014 establishing af‌inancing instrument for democracy and human

rights worldwide, it acknowledged the NHRIs’ key relevance by explicitly

committing itself to supporting NHRIs in non-EU countries. In addition, the Paris

Principles are referenced in the FRA Regulation.

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An explicit and operational

involvement of bodies promoting fundamental rights in the implementation

of EU law is included in the proposed revised Common Provisions Regulation

for EU funding programmes.37 NHRIs are regularly referred to in the debate

on EU rule-of-law mechanisms. NHRIs could also be more involved in EU

strategies and frameworks, in relation to issues such as the application of

the Charter of Fundamental Rights of the European Union (the EU Charter

of Fundamental Rights) or reporting on the rule of law. The existence of

strong, effective and independent NHRIs across all EU Member States is

aprecondition for achieving their full potential in an EU context.

The FRA opinions are clustered under the following six headings, highlighting

key aspects identif‌ied in this report.

1. Paris Principles-compliant A-status NHRIs in all EU Member States;

2. Enhanced roles for NHRIs in the EU– independent fundamental

rights monitoring;

3. Impactful and secure institutions;

4. Independent NHRIs;

5. Institutions ref‌lecting diversity– in an environment conducive to

human rights;

6. Adequately resourced NHRIs.