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Relations with the Executive, Parliament, the Judiciary and Other Institutions

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Chapter Summary

Independent monitoring mechanisms, including NHRIs, can only function effectively to the extent that other “institutions” on which they depend, or with which they must interact, are fulfiling their legitimate roles. If the Parliament is dominated by the Executive, experience in many countries indicates that it is unlikely Parliament will seriously consider reports from NHRIs or other institutions which expose the government’s shortcomings. The credibility and effectiveness of any NHRI is also closely related to the independence and effectiveness of the judiciary. There are many reasons for this – including because NHRIs must sometimes rely on the courts to enforce their findings and recommendations and to sanction any failure to cooperate with legitimate requests from Commissions in the conduct of their investigations and inquiries into alleged human rights violations.

Keywords: executive; human rights; institutions; judiciary; NHRI; parliament

10.1163/ej.9789004153363.i-558.21
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