The Commission was inaugurated on 02 October 1995 under the Human Rights Commission Act 54 of 1994 and as provided for by the Constitution of the Republic of South Africa Act 200 of 1993. The Constitution is the highest law in the country and it was adopted to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights. These rights are listed in the Bill of Rights, in Chapter 2 of the Constitution.

The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties' circumstances in light of the best interests of the child and makes a recommendation to the Court with regard to custody, access or guardianship.

The mandate of the Public Protector is to strengthen constitutional democracy by investigating and redressing improper and prejudicial conduct, maladministration and abuse of power in state affairs.