The Vienna Declaration and Program of Action adopted by the 1993 World Conference on Human Rights specifically recognised the right of each state to choose the framework for a national human rights institution which is best suited to its needs without compromising basic international norms and principles. This provision represents a clear acknowledgement of the fact that the great differences which exist between states will necessarily be reflected in the structures which they create to implement international human rights standards. One of the most important essence of the commission is independence of the commission which includes the independence through legal and operational autonomy. The commission also should be independent through financial autonomy as well as through appointment and dismissal procedures. Another vital aspect of the body is the independence through composition which should reflect a degree of sociological and political pluralism.
True plurality requires the greatest diversity possible.
An effective national institution will possess clearly defined subject-matter jurisdiction. Such jurisdiction will usually be set out in its founding legislation. It may also be the case that the subject-matter jurisdiction of a commission will at times overlap with the jurisdiction of another entity. It is necessary to ensure that such technical conflicts do not obstruct the effectiveness of either body. A government intending to create a commission should consider carefully the human rights, law reform and administrative review structures which already exist.