CRC/GC/2002/2
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setting out specific functions, powers and duties relating to children linked to the Convention on
the Rights of the Child and its Optional Protocols. If the NHRI was established before the
existence of the Convention, or without expressly incorporating it, necessary arrangements,
including the enactment or amendment of legislation, should be put in place so as to ensure
conformity of the institution’s mandate with the principles and provisions of the Convention.
9.
NHRIs should be accorded such powers as are necessary to enable them to discharge
their mandate effectively, including the power to hear any person and obtain any information and
document necessary for assessing the situations falling within their competence. These powers
should include the promotion and protection of the rights of all children under the jurisdiction of
the State party in relation not only to the State but to all relevant public and private entities.
Establishment process
10.
The NHRI establishment process should be consultative, inclusive and transparent,
initiated and supported at the highest levels of Government and inclusive of all relevant elements
of the State, the legislature and civil society. In order to ensure their independence and effective
functioning, NHRIs must have adequate infrastructure, funding (including specifically for
children’s rights, within broad-based institutions), staff, premises, and freedom from forms of
financial control that might affect their independence.
Resources
11.
While the Committee acknowledges that this is a very sensitive issue and that State
parties function with varying levels of economic resources, the Committee believes that it is the
duty of States to make reasonable financial provision for the operation of national human rights
institutions in light of article 4 of the Convention. The mandate and powers of national
institutions may be meaningless, or the exercise of their powers limited, if the national institution
does not have the means to operate effectively to discharge its powers.
Pluralistic representation
12.
NHRIs should ensure that their composition includes pluralistic representation of the
various elements of civil society involved in the promotion and protection of human rights.
They should seek to involve, among others, the following: human rights, anti-discrimination and
children’s rights non-governmental organizations (NGOs), including child- and youth-led
organizations; trade unions; social and professional organizations (of doctors, lawyers,
journalists, scientists, etc.); universities and experts, including children’s rights experts.
Government departments should be involved in an advisory capacity only. NHRIs should have
appropriate and transparent appointment procedures, including an open and competitive selection
process.
Providing remedies for breaches of children’s rights
13.
NHRIs must have the power to consider individual complaints and petitions and carry out
investigations, including those submitted on behalf of or directly by children. In order to be able
to effectively carry out such investigations, they must have the powers to compel and question