The Role Of National Human Rights Institutions

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THE ROLE OF NATIONAL THE ROLE OF NATIONAL HUMAN RIGHTS HUMAN RIGHTS INSTITUTIONS IN INSTITUTIONS IN DETENTION MONITORING DETENTION MONITORING Harvard Law School’s Human Rights Program (HRP) in partnership with OHCHR March 23, 2009 ICC22-GENEVA ICC22 Workshop on Detention

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Transcript of The Role Of National Human Rights Institutions

Page 1: The Role Of National Human Rights Institutions

THE ROLE OF NATIONAL THE ROLE OF NATIONAL HUMAN RIGHTS HUMAN RIGHTS INSTITUTIONS IN INSTITUTIONS IN DETENTION MONITORINGDETENTION MONITORING

Harvard Law School’s Human Rights Program (HRP) in partnership with OHCHR

March 23, 2009ICC22-GENEVA

ICC22 Workshop on Detention

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Introduction

ObjectivObjectives of es of the the projectproject

Spotlight on NHRIs Cross-cutting approach Protocol and methodology Effectiveness benchmarks Beyond OPCAT Reference tool for NHRIs and

other stakeholders

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A preliminary framework of analysis

NHRINHRI

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Exploring the framework

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Exploring the framework

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Exploring the framework

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Exploring the framework

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Exploring the framework

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Exploring the framework

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Strengths of NHRIs as independent detention monitoring bodiesAn An effective effective structurstructuree

Independence, jurisdiction and mandate

Recourse to legal action Use of public advocacy tools Resources and expertise NHRI as intermediary Legitimacy of the institution Non-formal and contextual

factors

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Spotlight on ‘best practice’ and ‘lessons learnt’ in detention monitoring

DocumenDocumenting the ting the activities activities and and experiencexperiences of es of NHRIsNHRIs

Concrete initiatives and protocolprotocol Use of judicial channels Use of public exposure channels Interaction with other

stakeholders/ professional networks

Responsiveness of detention authorities

Opportunities and challenges Benchmarks for ‘effectiveness’Benchmarks for ‘effectiveness’

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Survey of NHRI experiences

Access to detention facilities

‘Lack of external scrutiny of military detention facilities’‘Police obstruction to NHRI access to detainees in their custody’ ‘Jurisdiction is curtailed by regressive domestic legislation’‘For jail visits to be effective, it should be announced.’‘We have difficulties in accessing juvenile correction facilities and women’s prisons’