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At the heart of the struggle: human rights defenders working against corruption
- Body
- Special Rapporteur on the situation of human rights defenders
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/49/49
Document
Declaration on human rights defenders:20th Anniversary
- Body
- Special Rapporteur on the situation of human rights defenders
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/215
Document
Elements of a safe and enabling environment for human rights defenders
- Body
- Special Rapporteur on the situation of human rights defenders
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/HRC/25/55
Document
Elements of a safe and enabling environment for human rights defenders 2014, para. 54
- Paragraph text
- In line with the Declaration on Human Rights Defenders, the primary duty and responsibility to promote and protect human rights and fundamental freedoms lies with the State. This includes guaranteeing the right of everyone, individually and in association with others, to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels (art. 1). Thus, States have the obligation to undertake the required steps to create all conditions necessary, including in the political and legal domains, to ensure that everyone under their jurisdiction can enjoy all those rights and freedoms in practice (art. 2), including the right to promote and defend human rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 55
- Paragraph text
- The State has a duty to protect those who work for the promotion and protection of human rights defenders under their jurisdiction, regardless of the status of the alleged perpetrators, from any violence threats, or any other arbitrary action as a consequence of the legitimate exercise of their work (art. 12). The State's duty to protect the rights of defenders from violations committed by States and non-State actors is derived from each State's primary responsibility and duty to protect all human rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 56
- Paragraph text
- From the Declaration, the Special Rapporteur believes that the main responsibility for ensuring that defenders can enjoy a safe and enabling environment lies with the State as the main duty-bearer. However, she considers that the role, responsibilities and behaviour of relevant stakeholders need to be taken into account.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 57
- Paragraph text
- The mandate has repeatedly addressed the great risks and challenges that defenders face due to their work. The Special Rapporteur regrets to say that defending rights and speaking up against violations and abuses still remains a dangerous activity.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 58
- Paragraph text
- Defenders and their families are intimidated, harassed, subject to surveillance, threatened, attacked, arbitrarily arrested, criminalized, tortured and ill-treated in detention, subject to enforced disappearances, and sometimes killed. State and non-State actors are involved in the commission of these acts and impunity tends to prevail when it comes to attacks and violations against defenders. Investigations are excessively protracted, due process is not always guaranteed and perpetrators are often not held accountable.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Families
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 59
- Paragraph text
- During her tenure, the Special Rapporteur has seen the space for civil society and defenders visibly shrink in certain regions of the world. She has also observed the consolidation of more sophisticated forms of silencing their voices and impeding their work, including the application of legal and administrative provisions or the misuse of the judicial system to criminalize and stigmatise their activities. These patterns not only endanger the physical integrity and undermine the work of human rights defenders, but also impose a climate of fear and send an intimidating message to society at large.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 60
- Paragraph text
- The defence and promotion of human rights is a legitimate and courageous activity which is necessary to ensure that communities can fully enjoy their entitlements and realize their potential. Defenders can play a key role in safeguarding democracy and ensuring that it remains open, pluralistic and participatory and in line with the principles of rule of law and good governance. Defenders should be able to carry out their activities in an environment that empowers them to defend all human rights for all.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 61
- Paragraph text
- The Special Rapporteur has repeatedly underlined the need to create and consolidate a safe and enabling environment for defenders and has elaborated on some of the basic elements that she believes are necessary in this regard. These elements include a conducive legal, institutional and administrative framework; access to justice and an end to impunity for violations against defenders; strong and independent national human rights institutions; effective protection policies and mechanisms paying attention to groups at risk; specific attention to women defenders; non-State actors that respect and support the work of defenders; safe and open access to international human rights bodies; and a strong and dynamic community of defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 62
- Paragraph text
- One of the key elements of a safe and enabling environment for defenders is the existence of laws and provisions at all levels, including administrative provisions, that protect, support and empower defenders, and are in compliance with international human rights law and standards. Moreover, institutional frameworks should be shaped in such a way that they are receptive and supportive of defenders' work.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 63
- Paragraph text
- The Special Rapporteur concurs with the view that, in countries where human rights are specifically recognized and protected in domestic law, those rights are more likely to be respected and realized in practice. Beyond their normative value, she further believes that human rights laws can have an important educational role in that such laws signal the values for which a particular society stands. The adoption of laws that explicitly guarantee the rights contained in the Declaration on Human Rights Defenders is crucial in that it could contribute to building an enabling environment and give these rights legitimacy. Furthermore, such laws could contribute to building wider societal support for the demand of fulfilling these rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 64
- Paragraph text
- The Special Rapporteur has provided guidance on how various types of domestic legislation could contribute to a conducive environment for human rights defenders (A/67/292). She regrets that legislation is used in a number of countries to restrain the activities of human rights defenders and criminalize them, which is in breach of international human rights law, principles and standards. Anti-terrorism and public security legislation has risen to prominence in the last decade and, in many countries, such legislation is used to harass and prosecute defenders in the name of public security.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 65
- Paragraph text
- The Special Rapporteur remains concerned by the trends of judicial harassment and stigmatization of women human rights defenders, including those working on religious practices in relation to blasphemy legislation, and defenders working on sexual and reproductive rights in relation to legislation on public morals. She is also concerned with recent legislative moves to purportedly curb the promotion of homosexuality and the constraints that defenders of the rights of lesbian, gay, bisexual and transgender persons face due to criminalization of same-sex relations in over 75 countries worldwide.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 66
- Paragraph text
- The exercise of public freedoms is essential in any democratic society but even more so when it comes to claiming and defending rights. This is why the Special Rapporteur has repeatedly underlined the importance of defenders being able to exercise their rights to freedom of opinion and expression, freedom of association and peaceful assembly without undue restrictions in law or practice.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 67
- Paragraph text
- The Special Rapporteur has noted that there is a number of worrying developments with regard to legislation regulating associations, including their establishment, functioning and funding. During her tenure, she has also seen the introduction of restrictions on the types of activities that associations can engage in, such as political rights advocacy.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 68
- Paragraph text
- The Special Rapporteur has observed a disturbing trend towards the criminalization of activities carried out by unregistered groups. She believes that denial of registration is an extreme measure curtailing the right to freedom of association; especially where activities carried out by unregistered organizations carry criminal sanctions.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 69
- Paragraph text
- The Special Rapporteur has also warned about restrictions on funding from abroad, which have been introduced in a number of States. This leads to associations risking treason charges, having to declare themselves "foreign agents" or having to seek prior approval to fundraise. The Special Rapporteur is concerned that justifications for this, including the prevention of money-laundering and terrorist-financing, are often merely rhetorical and that the aim is restricting the activities of defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 70
- Paragraph text
- The Special Rapporteur continues to note with concern the prevalence of defamation legislation, access to information laws and legislation on classification of information and official secrets, which hinder the work of defenders. She warmly welcomes the initiatives by a number of States to pass legislation that guarantees the right of access to information held by public authorities, and protects those who disclose public interest information that is relevant for the promotion and protection of human rights and those who report on corruption by public officials.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 71
- Paragraph text
- In this context, the Special Rapporteur welcomes the landmark resolution 22/6 adopted by the Council which provides significant guidance on creating a safe and enabling environment for human rights defenders. In the resolution, States are urged to ensure that reporting requirements placed upon organizations do not obstruct their autonomy and that restrictions are not discriminatorily imposed on potential sources of funding other than those laid down to ensure transparency and accountability, and according to the Special Rapporteur, this should be done regardless of the geographic origin of funding. Furthermore, States are called upon to combat terrorism and preserve national security by adopting measures that are in compliance with international law and do not hinder the work and safety of defenders. It further urges States to ensure that all legal provisions and their application are clearly defined, determinable and non-retroactive so that the defence and promotion of human rights is not criminalized.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 72
- Paragraph text
- In addition to, and as a complement to, ensuring a conducive normative and administrative framework, States should disseminate the Declaration widely. In line with article 13 of the Declaration, human rights educational programmes, especially those addressed to law enforcement and public officials, should include modules based on the text that reaffirm the basic right to defend human rights and the role that human rights defenders play in society. Enabling human rights defenders' work also involves periodically recognizing and informing populations about the rights and responsibilities of all individuals to promote and protect human rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 73
- Paragraph text
- During her mandate, one of the major and systematic concerns raised by the Special Rapporteur in relation to violations against defenders is the question of impunity. In many cases, complaints by defenders about alleged violations of their rights are not investigated or are dismissed without justification. A State's lack of investigation into violations could be seen as condoning attacks against defenders and could nurture an environment where further attacks are perceived as tolerated. The Special Rapporteur has repeatedly reiterated that ending impunity is an essential condition for ensuring the protection and safety of defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 74
- Paragraph text
- States should ensure prompt and independent investigation of all violations against defenders, and the prosecution of alleged perpetrators regardless of their status. They should also ensure for victims of violations access to just and effective remedies, including appropriate compensation. The provision of an effective remedy should be understood as access to judicial and administrative or quasi-judicial mechanisms. Investigation and prosecution should rest on an effective and independent judiciary.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 75
- Paragraph text
- States should also implement the interim measures of protection granted by international and regional human rights mechanisms to defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 76
- Paragraph text
- Unfortunately, in many instances, weaknesses in the judicial system and flaws in the legal framework have deprived defenders of adequate tools for seeking and obtaining justice. Therefore, strengthening the judiciary and making sure that it can operate independently and effectively should be a priority for States.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 77
- Paragraph text
- As part of the institutional architecture of the State, the Special Rapporteur has underlined the key role that national human rights institutions can play in ensuring a safe and conducive environment for defenders (A/HRC/22/47). National human rights institutions that comply with the Paris Principles are in a unique position to guide and advise Governments on their human rights obligations, and ensure that international principles and standards are adequately incorporated into domestic law and mainstreamed into public policies.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 78
- Paragraph text
- During her mandate, the Special Rapporteur has on numerous occasions addressed violations against national institutions, their members and staff, ranging from attacks, threats and intimidation, to harassment and stigmatization in connection to their human rights work. She has expressed grave concern that such constraints and challenges can seriously undermine the independence, efficiency, credibility and impact of these institutions. She has also urged States to protect by law and publicly support national institutions, and their members and staff when necessary.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 79
- Paragraph text
- The Special Rapporteur has also emphasized that national human rights institutions can play a crucial role in the protection of human rights defenders. Evidence shows that when the mandate of national institutions includes competence to investigate complaints and provide effective protection, they can play a leading role in cases where States' judicial systems are unable or unwilling to adjudicate on alleged violations against defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 80
- Paragraph text
- The Special Rapporteur has also strongly recommended that national institutions have a designated focal point for human rights defenders with responsibility to monitor their situation, including risks to their security, and legal and other impediments to a safe and conducive environment for defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph