National Human Rights Institutions as Guarantors

Antonia Baraggia will explore in comparative perspective the nature and the powers of NHRI(s) across Europe in time of emergency and it will investigate the function of NHRI(s) as guarantor institutions vis à vis the executive, the judiciary and the legislature. After a theoretical introduction about the nature of these institutions, the paper will analyze the role of NHRI(s) in monitoring fundamental rights protection, in advising authorities and policy-makers on the human rights impact of emergency provisions. The analysis will cover several European NHRI(s) which, despite having different institutional nature and powers, have proven to be quite effective in monitoring the human rights compliance of emergency’s measures. The analysis will also consider the case of Italy, with a particular focus on the implications of the lack of a NHRI on fundamental rights protection.