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The Study Of The Function Of The National Human Rights Institution To Handle The Human Rights Complaints

Posted on:2009-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:H L FangFull Text:PDF
GTID:2166360245994507Subject:Constitution and Administrative Law
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National Human Rights Institution is the specialized body to protect a country's human rights at a country's level. National Human Rights Commission is one of the main forms of the existed National Human Rights Institutions;In the current, most of the National Human Rights Commissions are to be established in accordance with the "Paris Principles", being consistent with the relevant principles of the "Paris Principles",with the function of handling the human rights complaints. Based on the perspective of the Asia-Pacific region, mainly studying the function of handling the human rights complaints of the human rights commission in the Asia-Pacific region.This paper is organised from the following five aspects.The first part, the outlining of the National Human Rights Institution to handle the human rights complaints.To handle the human rights complaints is an important function of the national human rights institution. Different types of the National Human Rights Institutions have differences in handling the human rights complaints, even if the same type of the National Human Rights Institution in different countries have specific system, there are also differences in the operation system. National Human Rights Institution to handle the human rights complaints is the exercise of the function of the "quasi-judicial power" ,as a complement system of the judiciary to relieve the human rights.To handle the human rights complaints, the National Human Rights Institution has to properly deal with the relationship of the judiciary.The second part, the factors of the National Human Rights Institution to handle the human rights complaints effectively. To effectively play the role of handling the human rights complaints,the National Human Rights Institution needs to maintain their independence and has accessibility. National Human Rights Institution should be an independent power body of a country,could be achieving by law,by operation autonomy, by financial autonomy and has the power to appoint the staff. National Human Rights Institution should be accessible to people, doing propaganda work, making it well known to the public; National Human Rights Institution should set up offices to facilitate the public; should be operating efficiency, to win people's approval;handling the complaints for free, so the vulnerble's human rights could be successfully relieved. To cooperate with the non-governmental organizations to handle the human rights complaints. On this part,I also study the specific approaches of the National Human Rights Commission in the Asia-Pacific region.The third part, the mechanism of the National Human Rights Institution to handle the human rights complaints.Namely, how the National Human Rights Institution is to handle the human rights complaints. As there are different practice mechanisms in different types of National Human Rights Institutions,this part focuses on the National Human Rights Commission of the establishment of the mechanisms for complaints, including the complaints admissible, the appeals process and the handling of complaints. In the appeals filed,the study focuses on who can file a complaint,the subject of complaints and appeals object. The complaint process involves how to make a complaint and the issues of confidentiality.Also, different approaches to handle the complaints, focused on investigating complaints and mediation.The fourth and the fifth part, studying India's National Human Rights Commission and South Korea's National Human Rights Commission in the Asia-Pacific region, their functions of handling human rights complaints. In the Asia-Pacific region, India's and South Korea's National Human Rights Commission are both operated successfully, their functions of handling human rights complaints are worthy of further study. This section focuses on the study of the factors to make the commission to successfully handle the human rights complaints,their powers and practises.
Keywords/Search Tags:National Human Rights Institution, National Human Rights Commission, Function of handling the human rights complaints
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