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Overall, since FRA’s latest update, an important change concerns the mandating of NHRIs as public authority bodies under the EU’s Artificial Intelligence (AI) Act. In fact, under Article 77 of the AI Act, Member States were required to identify the list of bodies that could be mandated to function as supervising bodies ensuring that the EU’s obligations on AI are respected. While the identification by public authorities was set to be done by 2 November 2024, the situation is still uncertain for many NHRIs and equality bodies.
Among the different bodies who replied to FRA’s questions on their mandate under the AI Act, 12 have been formally identified as one of the institutions responsible for oversight in the context of the AI Act. The NHRIs concerned can be found in Table 3.
In addition to the mandates under the AI Act, several changes have been noticed in the mandates of NHRIs. Some NHRIs saw their mandate expanded. Nine NHRIs are now tasked with monitoring the rights of the child. Nine NHRIs have been empowered to stand in front of constitutional courts for review of legislation. The mandates of the Ombudsman’s Office of the Republic of Latvia, the Chancellor of Justice (Estonia), the People’s Advocate (Romania) and the Parliamentary Ombudsman of Finland have been expanded to include monitoring on freedom of information. The Parliamentary Ombudsman of Finland is now also an equality body with a mandate on equal treatment. The Netherlands Institute for Human Rights started acting as a national preventive mechanism under the Optional Protocol to the Convention against Torture (OPCAT). The mandate of the Seimas Ombudsperson’s Office (Lithuania) now covers the reporting on trafficking in human beings while the Chancellor of Justice (Estonia) is now in charge of protecting freedom of movement and mobility rights in the EU. Lastly, the Swedish Institute for Human Rights is now, under its general mandate, in charge of the rights of the child and freedom of information.
Table 2 presents the overview of different tasks under the mandates of the NHRIs as of 1 December 2024, including changes in mandates since last year’s update on NHRIs. Table 3 provides a similar table for additional tasks and mandates, not typical for most NHRIs, such as freedom of information, rights of the child, fundamental rights under Article 77(2) of the AI Act, the possibility of standing in front of a constitutional court for review of legislation or any other mandate.
Table 2 – Tasks included in mandates of national human rights institutions as of 1 December 2024
2024 update of Annex III to the report Strong and Effective National Human Rights Institutions – Challenges, promising practices and opportunities
NHRI (or nearest equivalent) |
Promotion and protection of human rights |
Ombuds institutions with a mandate on maladministration |
National preventive mechanisms under OPCAT |
National monitoring mechanisms under the UN Convention on the Rights of Persons with Disabilities (CRPD) |
Equality bodies with a mandate on equal treatment |
Monitoring of forced returns (EU returns directive) |
Reporting on trafficking in human beings (EU directive) |
Protecting freedom of movement and mobility rights in the EU |
Other mandates [1] Other mandates are shown in Table 3. |
Austrian Ombudsman Board |
Yes |
Yes |
Yes |
Yes |
|
|
|
|
Yes |
Federal Institute for the Protection and Promotion of Human Rights (FIRM (Belgium)* |
Yes |
Yes |
|
|
|
|
|
|
Yes
|
Interfederal Equal Opportunities Centre Unia (Belgium)* |
|
|
|
Yes |
Yes |
|
|
|
|
Commission for Protection against Discrimination (Bulgaria)* |
|
Yes |
|
|
Yes |
|
|
|
|
Ombudsman of the Republic of Bulgaria* |
Yes |
Yes |
Yes |
Yes |
|
Yes |
|
|
Yes |
Ombudswoman of the Republic of Croatia* |
Yes |
Yes |
Yes |
|
Yes |
|
|
|
Yes |
Commissioner for Administration and the Protection of Human Rights (Cyprus)* |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
|
|
Yes |
Public Defender of Rights (Czechia)* |
|
Yes |
Yes |
Yes |
Yes |
Yes |
|
Yes |
Yes |
Danish Institute for Human Rights (Denmark)* |
Yes |
|
|
Yes |
Yes |
|
|
|
Yes |
Chancellor of Justice (Estonia)* |
Yes |
Yes |
Yes |
Yes |
Yes |
|
|
Yes* |
Yes |
Finnish Human Rights Centre* |
Yes |
|
|
Yes |
|
|
|
|
Yes |
Parliamentary Ombudsman (Finland)* |
Yes |
Yes |
Yes |
Yes |
Yes* |
|
|
|
Yes |
National Consultative Commission on Human Rights (France)* |
Yes |
|
|
Yes |
|
|
Yes |
|
Yes |
German Institute for Human Rights* |
Yes |
|
|
Yes |
|
|
Yes |
|
Yes |
Greek National Commission for Human Rights* |
Yes |
|
|
|
|
|
|
|
Yes |
Commissioner for Fundamental Rights (Hungary) |
Yes |
|
Yes |
|
Yes |
|
|
|
Yes |
Irish Human Rights and Equality Commission* |
Yes |
|
|
Yes |
Yes |
|
Yes |
Yes |
Yes |
National Guarantor for the Rights of Persons Detained or Deprived of Liberty |
|
Yes |
Yes |
|
|
Yes |
|
|
Yes |
Ombudsman’s Office of the Republic of Latvia * |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
|
|
Yes |
The Seimas Ombudsperson’s Office (Lithuania)* |
Yes |
Yes |
Yes |
|
|
|
Yes |
|
Yes |
Consultative Human Rights Commission of Luxembourg |
Yes |
|
|
Yes |
|
|
Yes |
|
|
Parliamentary Ombudsman (Malta) |
|
Yes |
|
|
|
|
|
|
|
Netherlands Institute for Human Rights* |
Yes |
|
Yes* |
Yes |
Yes |
|
|
|
Yes |
Commissioner for Human Rights (Poland)* |
Yes |
Yes |
Yes |
Yes |
Yes |
|
|
|
Yes |
Portuguese Ombudsman* |
Yes |
Yes |
Yes |
|
|
|
|
|
Yes |
People’s Advocate (Romania)* |
Yes |
Yes* |
Yes |
|
|
|
|
Yes* |
Yes |
Romanian Institute for Human Rights* |
Yes |
|
|
|
|
|
|
|
|
Slovak National Centre for Human Rights |
Yes |
|
|
|
Yes |
|
|
|
|
Human Rights Ombudsman of the Republic of Slovenia* |
Yes |
Yes |
Yes |
|
|
|
|
|
Yes |
Ombuds institution of Spain/Defensor del Pueblo * |
Yes |
Yes |
Yes |
|
|
|
|
|
Yes |
Equality Ombudsman (Sweden) |
Yes |
|
|
|
Yes |
|
|
|
|
Institute for Human Rights (Sweden)* |
Yes |
|
|
Yes |
|
|
|
|
Yes |
People’s Advocate of the Republic of Albania |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
Ombudsman of the Republic of North Macedonia |
Yes |
Yes |
Yes |
Yes |
Yes |
|
Yes |
|
Yes |
Protector of Citizens of the Republic of Serbia |
Yes |
Yes |
Yes |
Yes |
|
Yes |
Yes |
|
Yes |
Source: FRA, December 2024.
NB: * indicates changes in mandate since the December 2023 update.
Table 3 – Other tasks included in mandates of national human rights institutions as of 1 December 2024
List of ‘Other mandates’ shown in Table 2 above and specified by the NHRI
NHRI (or nearest equivalent) |
Rights of the child |
Freedom of information |
Standing in front of constitutional court for review of legislation |
Protection of fundamental rights under Article 77(2) of the AI Act |
Other |
Austrian Ombudsman Board* |
Yes |
|
|
Yes* |
Monitoring court delays; monitoring and concomitant inspections of executive (police) bodies; challenging regulations (but not laws) before the Constitutional Court; establishing and chairing the Pension Committee under the Pensions for Victims of Children’s Homes Act |
Federal Institute for the Protection and Promotion of Human Rights (FIRM (Belgium) |
|
|
Yes* |
|
Mandate under OPCAT is limited to places of deprivation of liberty falling under federal competence (prisons, police cells and closed centres but not closed youth detention centres or forensic psychiatric centres); whistleblower protection; central focal point in Belgium in the fight against strategic lawsuits against public participation |
Interfederal Equal Opportunities Centre Unia |
|
|
|
|
Article 14 International Convention on the Elimination of All Forms of Racial Discrimination (CERD)* |
Ombudsman of the Republic of Bulgaria |
Yes |
|
Yes |
|
Whistleblower protection |
Ombudswoman of the Republic of Croatia* |
|
|
Yes |
Yes |
Whistleblower protection
|
Commissioner for Administration and the Protection of Human Rights (Cyprus)* |
|
|
|
Yes |
Independent mechanism for effective monitoring of co-funded programmes to ensure their compliance with the Charter and the UN CRPD |
Public Defender of Rights (Czechia)* |
|
|
Yes* |
Yes* |
|
Danish Institute for Human Rights* |
|
|
|
Yes* |
Mandate to promote equal treatment of all persons without discrimination based on sexual orientation, gender identity, gender expression and gender characteristics* |
Chancellor of Justice |
Yes |
Yes* |
Yes |
|
|
Finnish Human Rights Centre* |
|
|
|
|
Corporate responsibility; rights of the elderly* |
Parliamentary Ombudsman of Finland* |
Yes* |
Yes* |
|
Yes* |
|
National Consultative Commission on Human Rights (France)* |
Yes* |
|
|
|
Racism and discrimination*; business and human rights*; LGBTI rights; national commission on implementing international humanitarian law |
German Institute for Human Rights |
Yes |
|
|
|
Violence against women and domestic violence (national rapporteur mechanism under the Istanbul Convention) |
Greek National Commission for Human Rights* |
|
|
|
Yes* |
Compatibility of EU funds with the Charter; amicus curiae before national courts
|
Commissioner for Fundamental Rights (Hungary) |
Yes |
Yes |
Yes |
|
|
Irish Human Rights and Equality Commission* |
Yes |
|
Yes |
|
National Preventive Mechanism (NPM) Coordinator when Ireland ratifies OPCAT; enforcement powers in relation to gender pay gap reporting |
National Guarantor for the Rights of Persons Deprived of Liberty (Italy) |
|
|
|
|
Mandate on the promotion and protection of human rights in the field of deprivation of liberty |
Ombudsman’s Office of the Republic of Latvia* |
Yes |
Yes* |
Yes* |
|
|
Seimas Ombudsperson’s Office (Lithuania) * |
|
|
|
Yes* |
Investigation of complaints under constitutional mandate |
Netherlands Institute for Human Rights* |
|
|
|
Yes* |
|
Commissioner for Human Rights (Poland) |
|
|
Yes |
|
Whistleblower protection |
Portuguese Ombudsman* |
Yes* |
|
Yes |
|
|
People’s Advocate (Romania)* |
Yes* |
Yes* |
Yes* |
|
Actions in administrative courts and policy overview |
Ombuds institution of Spain/Defensor del Pueblo * |
Yes |
|
Yes |
Yes* |
|
Human Rights Ombudsman of the Republic of Slovenia* |
Yes |
|
Yes |
|
|
Institute for Human Rights |
Yes |
Yes |
|
|
Promotion and protection activities related to migrants, asylum seekers and forced returns |
People’s Advocate of the Republic of Albania* |
Yes |
|
Yes |
|
|
Ombudsman of the Republic of North Macedonia |
Yes |
|
|
|
|
Protector of Citizens of the Republic of Serbia |
Yes |
|
|
|
|
NB: * indicates changes in mandate since the December 2023 update.
Source: FRA, December 2024.