{"title":"国家人权机构《巴黎原则》如何解读?建立一个清晰、透明和一致的解释框架","authors":"Hinako Takata","doi":"10.1080/18918131.2022.2040863","DOIUrl":null,"url":null,"abstract":"ABSTRACT Although they fall outside of the traditional sources of international law, the Principles relating to the Status of National Institutions (Paris Principles) have enjoyed an authoritative value in international human rights law. International human rights bodies have increasingly permitted Paris Principles-compliant national human rights institutions (NHRIs) to participate in their activities not as part of the state but in the institutions’ own capacity, and have required states to establish NHRIs or strengthen existing NHRIs in accordance with the Paris Principles. How, then, are the Paris Principles interpreted? This study critically analyses the three principles governing the interpretation of the Paris Principles – the dynamic interpretation principle, the normative gradation principle, and the overall evaluation principle – through a comprehensive examination of the practice of the Global Alliance of National Human Rights Institutions (GANHRI), and makes recommendations for their improvement and consolidation.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"How are the Paris Principles on NHRIs Interpreted? Towards a Clear, Transparent, and Consistent Interpretative Framework\",\"authors\":\"Hinako Takata\",\"doi\":\"10.1080/18918131.2022.2040863\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Although they fall outside of the traditional sources of international law, the Principles relating to the Status of National Institutions (Paris Principles) have enjoyed an authoritative value in international human rights law. International human rights bodies have increasingly permitted Paris Principles-compliant national human rights institutions (NHRIs) to participate in their activities not as part of the state but in the institutions’ own capacity, and have required states to establish NHRIs or strengthen existing NHRIs in accordance with the Paris Principles. How, then, are the Paris Principles interpreted? This study critically analyses the three principles governing the interpretation of the Paris Principles – the dynamic interpretation principle, the normative gradation principle, and the overall evaluation principle – through a comprehensive examination of the practice of the Global Alliance of National Human Rights Institutions (GANHRI), and makes recommendations for their improvement and consolidation.\",\"PeriodicalId\":42311,\"journal\":{\"name\":\"Nordic Journal of Human Rights\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2022-04-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Nordic Journal of Human Rights\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/18918131.2022.2040863\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"POLITICAL SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Nordic Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/18918131.2022.2040863","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
How are the Paris Principles on NHRIs Interpreted? Towards a Clear, Transparent, and Consistent Interpretative Framework
ABSTRACT Although they fall outside of the traditional sources of international law, the Principles relating to the Status of National Institutions (Paris Principles) have enjoyed an authoritative value in international human rights law. International human rights bodies have increasingly permitted Paris Principles-compliant national human rights institutions (NHRIs) to participate in their activities not as part of the state but in the institutions’ own capacity, and have required states to establish NHRIs or strengthen existing NHRIs in accordance with the Paris Principles. How, then, are the Paris Principles interpreted? This study critically analyses the three principles governing the interpretation of the Paris Principles – the dynamic interpretation principle, the normative gradation principle, and the overall evaluation principle – through a comprehensive examination of the practice of the Global Alliance of National Human Rights Institutions (GANHRI), and makes recommendations for their improvement and consolidation.
期刊介绍:
The Nordic Journal of Human Rights is the Nordic countries’ leading forum for analyses, debate and information about human rights. The Journal’s aim is to provide a cutting-edge forum for international academic critique and analysis in the field of human rights. The Journal takes a broad view of human rights, and wishes to publish high quality and cross-disciplinary analyses and comments on the past, current and future status of human rights for profound collective reflection. It was first issued in 1982 and is published by the Norwegian Centre for Human Rights at the University of Oslo in collaboration with Nordic research centres for human rights.