A/71/301
date of creation of their national specialized body. Similarly, some States that do not
have a national specialized body cover the issues addressed by these bodies through
their more general national human rights institutions.
C.
How national specialized bodies work to prevent and combat
racism, racial discrimination, xenophobia and related intolerance
1.
Different types, functions and activities of national specialized bodies
25. The Special Rapporteur notes that there are two main types of national
specialized bodies: tribunal-type bodies, that is, impartial institutions that hear,
investigate and decide on individual cases of discrimination brought before them;
and promotion-type bodies whose activities are dedicated to supporting dialogue
with stakeholders, raising awareness of rights, developing a knowledge base on
equality and non-discrimination and providing legal advice and assistance to
individual victims of discrimination. 11
Tribunal-type bodies
26. The Special Rapporteur observes that quite a few national specialized bodies
have the power to launch investigations on their own: some can act as amicus curiae
or launch claims of actio popularis. These bodies can also play a more active role in
enforcing legislation independently of the complaints filed with the m. 12 This is
notably the case for several ombudsmens’ offices, including those of Argentina,
Costa Rica, Paraguay and Spain. The National Counsel for the Defence of Human
Rights of El Salvador and the National Institution of Human Rights of Uruguay also
have this power.
27. Similarly, several national specialized bodies can also decide on the merits of
a case where there is a disagreement between two parties, with or without a previous
investigation and conciliation. Some bodies can also take a case directly to a civil
court to enforce application of the relevant anti-discrimination legislation. Usually,
national specialized bodies can choose the kind of cases they wish to litigate. 13
Promotion-type bodies
28. The Special Rapporteur notes that most national specialized bodies are
mandated to offer conciliatory services in order to reach an agreement between the
plaintiff and the respondent, institution or person, thus avoiding the judicial process.
If no agreement can be reached, some of these promotion -type bodies can issue
warnings, reminders, advice, or recommendations and opinions addressed to the
respondent about how to stop discrimination. 14
29. National specialized bodies can also offer legal advice and assistance to
victims of discrimination by informing them of and helping them to assert their
rights and by documenting discrimination. This legal advice function is usually
__________________
11
12
13
14
8/21
Margit Ammer and others, “Study on equality bodies set up under directives 2000/43/EC,
2004/113/EC and 2006/54/EC: synthesis report” (Human European Consultancy and Ludwig
Boltzmann Institute of Human Rights, 2010) pp. 43-44.
Ibid., p. 70.
Ibid., p. 70.
Ibid., p. 81.
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