Factors impacting on effectiveness of National Human Rights Institutions 2010 – 2012

Overview

This project explored the factors that shape the performance of National Human Rights Institutions (NRHI) and national equality bodies, focusing on the six statutory commissions in the UK and Ireland which fulfil those roles: the Irish Human Rights Commission (IHRC) and Equality Authority of Ireland (EA); the Northern Ireland Human Rights Commission (NIHRC) and Equality Commission for Northern Ireland (ECNI); the Scottish Human Rights Commission (SHRC); and the Equality and Human Rights Commission (EHRC, covering England, Wales and Scotland).

Topics

Civil SocietyDiscriminationPoliticsRights

Regions

Europe

Theory

The literature suggests multiple external and internal factors shape the performance of National Human Rights Institutions including the domestic political context, powers and relationships of independence and accountability. Scholars emphasise different groups of factors in relation to different NHRIs and National Equality Bodies worldwide. Understanding the key factors is fundamental to debate on establishment, merger and reform of these bodies.

Methods

The project involved scrutiny of the legislation and policy documentation relating to the six commissions, interviews and a two day residential seminar with key informants.

Findings

No single factor explained the controversies that have surrounded the performance of these bodies during periods of their history. Domestic political settings, and mergers of pre-existing bodies, were two key factors, but neither external factors nor remit, powers, structure or resources were determinative. Leadership, management skills and political judgement remained key factors and those, crucially, lie within the Commissions’ control.

Outputs

Equality and Human Rights Commissions in the UK and Ireland: Challenges and Opportunities Compared
Reports | Sarah Spencer, Colin Harvey | 2011

Spencer, S. and Harvey, C. (2012) 'Advancing Human Rights and Equality: Assessing the Role of Commissions in the United Kingdom and Ireland', Fordham International Law Journal, 35(6): 1615-1689

Spencer, S. and Harvey, C. (2014) 'Context, Institution or Accountability? Exploring the Factors that Shape the Performance of National Human Rights and Equality Bodies', Policy & Politics, 42(1): 89-107

Spencer, S. (2008) 'Equality and Human Rights Commission: A Decade in the Making', The Political Quarterly, 79(1): 6-16

PR-2011-Rights_Commissions_UK_Ireland

Spencer-Harvey_FILJ_2012

Spencer-Harvey_Policy_Politics_2014

Impact

The project resulted in advice being sought, formally (in March 2015) and informally at an earlier stage, in the setting up and strategic priorities of the new commission established in Ireland, the Irish Human Rights and Equality Commission.