Networks of European National Human Rights Institutions

• Date: 01 November 2008
• Published date: 01 November 2008
• DOI: http://doi.org/10.1111/j.1468-0386.2008.00445.x
• Author: Gauthier De Beco

Networks of European

National Human Rights Institutions

Gauthier de Beco*

Abstract: This article concerns the networks of European national human rights

institutions (NHRIs). It examines how the sharing of best practices takes place through

networks and how NHRIs achieve cooperation at both the international and regional

levels. The article also analyses NHRI cooperation within three organisations: the United

Nations, the Council of Europe and the EU. While cooperation at the international level

facilitates their accreditation according to their compliance with the Paris Principles and

enables them to participate in the sessions of the Human Rights Council, cooperation at

the European level allows them to exchange information on issues of common concern and

strengthens their relationship with regional bodies. In Europe, NHRIs cooperate with the

Commissioner for Human Rights of the Council of Europe and might also do so with the

recently established Fundamental Rights Agency of the EU.

I Introduction

National human rights institutions (NHRIs) have been growing around the world.

These non-judicial institutions have been created to implement human rights. While

they stimulate cooperation between state and non-state actors at the national level, they

also form bridges between international and national human rights systems. Nonethe-

less, their interaction at the international and regional levels has not yet been explored

in depth.1According to the Paris Principles, which enumerate their operational guide-

lines, NHRIs should ‘cooperate with the United Nations and any other organisation in

the United Nations system, the regional institutions and the national institutions of

other countries that are competent in the areas of the promotion and protection of

human rights’.2Starting with the NHRIs of other countries, they should form both

international and regional networks wherein they share best practices in relation to

their mandates. So doing allows them to reproduce successful experiences relating to

the implementation of human rights in their own jurisdictions. NHRI networks also

cooperate with international and regional bodies, which can benef‌it from their expertise

and provide support for their networking activities.

* Research Fellow/PhD Candidate, Université catholique de Louvain, Belgium; LLM, University of

Nottingham, UK; Law Degree, Katholieke Universiteit Leuven, Belgium.

1One author, however, recently discussed this issue with a focus on Africa: R. Murray, The Role of National

Human Rights Institutions at the International Level and Regional Levels. The Experience of Africa (Hart

Publishing, 2007).

2Paris Principles, Principle 3(e), Competence and responsibilities.

European Law Journal, Vol. 14, No. 6, November 2008, pp. 860–877.

© 2008 The Author

Journal compilation © 2008 Blackwell Publishing Ltd, 9600 Garsington Road, Oxford, OX4 2DQ, UK

and 350 Main Street, Malden, MA 02148, USA

This article focuses on networks of European NHRIs as well as their cooperation

with the United Nations (UN), the Council of Europe and the EU. The f‌irst section

introduces NHRIs. The second section discusses how the sharing of best practices takes

place through networks and what its requirements are regarding NHRIs. The third

section examines how European NHRIs cooperate at both the international and

European levels. While they are part of an international network at the global level,

they also form a regional network within the Council of Europe, which may eventually

be complemented by a sub-regional network following the establishment of the Fun-

damental Rights Agency of the EU. The article will study the state of networks of

European NHRIs and how the benef‌its from their sharing of best practices can be

increased by their cooperating with international and regional organisations.

II European NHRIs

NHRIs have been created by states to implement human rights at the national level.

They are a response to the gap between international human rights standards and their

practical application. NHRIs have mainly two functions: the monitoring and advising

of state authorities, and the promotion and providing of human rights education.3

Regarding the f‌irst function, NHRIs examine the human rights compliance of legisla-

tion, which prevents the violation of human rights. They evaluate not only its confor-

mity with human rights treaties but also the broader implications for human rights

enjoyment. NHRIs may also conduct general inquiries and submit reports to national

authorities on human rights issues that seem important or urgent. Regarding the

second function, NHRIs aim to increase awareness for human rights, thereby creating

a culture of human rights. They can do so both within and outside the formal education

system. Some European NHRIs also focus on research in order to promote a better

understanding of human rights by publishing studies and organising seminars.

Composed as they are of representatives of civil society organisations—non-

governmental organisations (NGOs) in particular—experts, and, in an advisory capac-

ity, representatives of ministerial departments, NHRIs can boost cooperation between

state and non-state actors concerned with human rights. They can serve as a platform

where these actors can consult each other with regard to their common human rights

concerns. The participation of NGOs is particularly important, since they have a sound

knowledge and deeply rooted expertise in the f‌ield of human rights. At the same time,

they may increase the impact of their demands by channelling them through the NHRI

to the government. Furthermore, NHRIs help ensure that national human rights

policies are consistent. Thanks to their broad mandate, they can help a state adopt and

implement a preventative and coherent human rights policy. They can elaborate a

general approach to human rights issues, including those issues straddling the compe-

tence of different public organs and, by so doing, ensure the mainstreaming of human

rights through these organs. Finally, NHRIs can foster a national debate by channel-

ling to the general public information relating to specif‌ic human rights issues. A NHRI

can also prove to be very valuable to the general public by setting up information points

and special desks to direct individuals to other competent institutions and training

programmes.

3National human rights institutions have also a third function, namely to investigate alleged human rights

violations, which is however optional and not the focus of European NHRIs.

November 2008 Networks of European National Human Rights Institutions

© 2008 The Author 861

Journal compilation © 2008 Blackwell Publishing Ltd.