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CNDH mandate for the protection of human rights

 

Following the adoption of the new law 76-15 on its reorganization on March 1st 2018, the missions of the National Human Rights Council (CNDH) relating to the protection of human rights were broadened.

CNDH Prerogatives of the CNDH relating the protection of human rights:

-          The Council ensures the observation, monitoring and follow-up of the human rights situation at national and local level;

-          The Council may carry out necessary surveys and investigations on human rights violations and develop reports including conclusions of its work. The CNDH shares these reports as well as its recommendations with the competent authorities;

-          The Council examines all cases of human rights violations either on its own initiative, or based on a complaint of the parties concerned or third parties;

-          These complaints are reviewed, handled and monitored. The parties concerned are informed on the outcome of these complaints;

-          As part of its missions on the protection of human rights, the Council conducts visits to places of detention and monitors prison’s conditions and treatment of prisoners. Also, the Council conducts visits to child protection and rehabilitation centres, the social welfare institutions, institutions specializing in the treatment of mental illness and places of detention of irregular foreigners;

-          The Council may intervene, on an urgent basis, whenever there is a source of tension which could lead to an individual or collective human rights violation. The Council could deploy all necessary means of mediation and conciliation considered appropriate in coordination with the public authorities concerned.

In addition to the previous missions and as part of strengthening the protection of human rights, the Council carries out any mission to prevent torture and other cruel, inhuman or degrading treatment or punishment. Similarly, the Council reviews cases of violations of the rights of the child and the rights of persons with disabilities.

For this purpose, the following national mechanisms are set up as part of the Council’s human rights protection missions:

- The National Mechanism for the Prevention of Torture

- The National Redress Mechanism for Children Victims of Human Rights Violations

- The National Mechanism for the Protection of the Rights of Persons with Disabilities

 

The National Mechanism for the Prevention of Torture

The National Mechanism for the Prevention of Torture (NPM) reviews the situation and treatment of persons deprived of their liberty through:

-          Regular visits and whenever the Council requests a visit to various places where there are persons deprived or may be deprived of their liberty. The purpose of this action is to strengthen their protection from torture and other cruel, inhuman or degrading treatment;

-          The elaboration of any recommendation that could improve the treatment and the situation of persons deprived of their liberty and could prevent torture;

-          The submission of any proposal or note on existing legislation or on bills or proposals relating to the prevention of torture.

The National Redress Mechanism for Children Victims of Human Rights Violations

The National redress mechanism for children victims of human rights violations is tasked with:

-          Receiving complaints submitted directly by children victims of violations, their legal representatives or by third parties;

-          Carrying out all inquiries relating to complaints received and review, handle and decide on them;

-          Organize hearings where the parties concerned by a violation or complaint may be invited, as well as witnesses, experts and any other person whose hearing seems to be useful.

 

The National Mechanism for the Protection of the Rights of Persons with Disabilities

The national mechanism for the protection of the rights of people with disabilities is tasked with:

-          Receiving complaints submitted directly by persons with disabilities victims of violation of their rights, by their representatives or by third parties;

-          Carrying out all inquiries relating to complaints received and review, handle and decide on them;

-          Organizing hearings where the parties concerned by a violation or complaint may be invited, as well as witnesses, experts and any other person whose hearing seems to be useful.

 

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