Using National Human Rights Institution mechanisms for addressing discrimination issues
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Posted April 16th, 2008 by New Tactics

Using National Human Rights Institution mechanisms for addressing discrimination issues

April 23 - 30

National Human Rights Institutions can be powerful vehicles for the promotion of human rights. This Featured Online Dialogue will focus on ways in which these mechanisms have utilized their mandates and resources to address issues of discrimination. New Tactics is pleased to host these experienced resource practitioners from eight countries (more biographical information).

Margaret Donaldson, Director, Race Discrimination Unit, HREOC, Australia Myriam Montrat, Director General, Discrimination Prevention Branch, CHRC Piero Narducci, Director, Prevention Initiatives and Liaison Division, CHRC
Lisbeth Garly Andersen, Project Manager, National Department, DIHR Mrs. Huriye Aydemir Varisli, Legal Policy Officer, Complaints Committee for Ethnic Equal Treatment, DIHR
Margaret Donaldson, HREOC, Australia Myriam Montrat, CHRC, Canada
 Piero Narducci, CHRC, Canada Lisbeth Garly Andersen, DIHR, Denmark Mrs. Huriye Aydemir Varisli, DIHR, Denmark
Anna Bossman, Acting Chairperson and Deputy Commissioner in Ghana’s Commission of Human Rights and Administrative Justice Christine Njeru, Human Rights Officer, Research, Policy & Legislation, KNHRC María Alejandra Nuño Ruiz Velasco, Fourth Visiting General, CDHCF Maria Lourijsen, Policy Advisor, CGB
Anna Bossman, GHRC, Ghana
 Christine Njeru, KNHRC, Kenya
 María Alejandra Nuño Ruiz Velasco, CDHCF, Mexico
 Maria Lourijsen, CGB, Netherlands
 Christine Jesseman, SAHRC, South Africa
We invite you to join our featured resource practitioners to share your own experiences of engaging with your own National Human Rights Institution. We are beginning this on-line dialogue by highlighting these six theme areas to open the dialogue - please feel free to add new theme areas:
  • Engaging civil society
  • Methods for combating and preventing discrimination
  • Mechanisms available to citizens / organizations
  • Key challenges (and successes!)
  • Issue of discrimination and Institutions’ mandates
  • Key discrimination issue areas
Learn more about how you can participate in New Tactics on-line dialogues.

Join the New Tactics community today so you can share your experiences, ideas and questions.

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christine.njeru's picture

Available Mechanisms

Submitted by christine.njeru on Fri, 04/25/2008 - 06:22.

Our Constitution, which is the supreme law of the land, acknowledges the fundamental rights and freedom of individuals and the need for protection from discrimination. The Constitution makes mention to various grounds from which discrimination upon which individuals should not be discriminated upon. Arguably however the list is not exhaustive. Further to making mention to the rights of individuals, the Constitution also provides for the establishment of a High Court which is mandated to interpret the provisions of the Constitution.

 

The High Court is therefore one of the mechanisms available to members of the public (individuals and organizations) to seek redress whereby their right to non-discrimination has been breached. The person seeking redress has to establish the existence of a violation of their rights as provided in the constitution; how the violation occurred and what section of the constitution has been violated resulting in the breach of their rights. 

 

Members of the public (individuals and organizations) may seek redress from the KNCHR’s complaints hearing panel. Once a complaint is lodged at KNCHR, and the KNCHR Commissioners (who are of the rank of High Court Judges), feel that after investigations, a complaint merits a hearing, the case is referred to a panel of Commissioners who hear the case and make a decision. The KNCHR complaints hearing panel, unlike the High Court does not charge members of the public therefore the whole process is free and pocket friendly to the public, many of whom live below the poverty line.

 

Christine Njeru, Human Rights Officer, Kenya National Commission on Human Rights (KNCHR)