Nhris in the EU . Diversity and developments

• Pages: 25-40



This part of the report provides an overview of developments in establishing

NHRIs as well as of the diverse range of NHRIs. It also provides more details

on the process of accreditation and notes developments in countries where

there is no NHRI or where efforts are made to achieve aParis Principles-

compliant NHRI.

All NHRIs covered by this report have acommon role within each national

context– to promote and protect human rights. However, the actual nature

of the institutions in Europe (and globally) varies tremendously and creates

aquite complex array of institutions, including type of institution, such as

ombuds institution (or commission), accreditation status, size of budget

and staff, and way of operating. NHRIs typically also have several thematic

mandates, many of which are integral parts of its mandate, such as monitoring

places of detention. In its introduction to the general observations, GANHRI’s

SCA acknowledges “different NHRI structural models in existence” but conf‌irms

that “its General Observations must be applied to every NHRI, regardless of

its structural model type.”1 The diversity of NHRIs allows to some extent

adjustment for national context and legal tradition, which is important for

their effective functioning.

In 2010, FRA called on the Member States to establish NHRIs in all EU Member

States.2 Among the then 27 Member States, 10 had an A-status NHRI and

f‌ive had institutions with B-status. By 1January2020, of the 28 EU Member

States, 17 had A-status NHRIs and six had institutions with B-status. Although

Bulgaria’s ombuds institution was the only NHRI to go from B-status to

A-status within the 2010–2020 timeframe, f‌ive NHRIs were established in the

same decade and obtained A-status, including the Netherlands Institute for

Human Rights, which replaced the previous B-status NHRI. Figure2 provides

an overview of the period from the accreditation of the f‌irst NHRIs in 1999

to the present, showing the number of countries covered by this report with

A- and B-status NHRIs (data for the now EU-27 Member States and excluding

North Macedonia, Serbia and the United Kingdom).



NHRIS IN THE EU DIVERSITY AND

DEVELOPMENTS

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In the last decade, the number of countries worldwide with A-status NHRIs has

risen from 65 to 79, and the EU has contributed signif‌icantly to this increase.

3

The EU is clear on the importance of NHRIs to it externally. The EU Action Plan

on human rights and democracy commits the EU to supporting Paris Principles-

compliant NHRIs.4 The EU’s annual report on human rights and democracy

in the world for 2018 notes that “the EU is increasingly collaborating with

[NHRIs] to promote an enabling environment for sustainable development.

NHRIs act as accountability mechanisms in implementing the SDGs. Similarly,

giving marginalised communities avoice increases the potential for non-

discrimination and equal access.” The EU’s most recently adopted human

rights guidelines in external action (related to torture) also includes reference

to NHRIs.

5

The 2019 guidelines on non-discrimination and external action

deal with NHRIs and equality bodies.6



Notes: Covers  EU Member States

only; “not accredited” indicates

the number of EU Member

States without an accredited

NHRI.

FIGURE : NUMBER OF EUROPEAN COUNTRIES WITH A AND BSTATUS NHRIS

3

5

8 8 8 8 8 8 8 9 9 9 9 9 9

12

14 14 15 15 16

1

3

222 2 2 2 3

3 3 3

5 5 5

5

6 6

676

23

19

17 17 17 17 17 17 16 15 15 15

13 13 13

10

7 7 65

5

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019

Number of A-status Number of B-status Not accredited

Source: FRA, 2020 [desk research based on ENNHRI and GANHRI membership accreditation data]