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Vision and Working Methods of the Mandate 2014, para. 114
- Paragraph text
- The Special Rapporteur welcomes the extension of the mandate and will always be conscious of the preamble and the recommendations of the resolution which will be the guiding lines of his future work.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 98
- Paragraph text
- States should ensure that the right of access to information is subject to narrow and clearly defined limitations to protect overriding public and private interests, including the right to privacy. Provisions for withholding information should be clearly defined by law.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 101
- Paragraph text
- States should ensure that penalties for defamation under civil law are limited in order to ensure proportionality to the harm done.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Women human rights defenders and those working on women’s rights or gender issues 2011, para. 18
- Paragraph text
- Article 1 of the Universal Declaration of Human Rights provides that "all human beings are born free and equal in dignity and rights" and article 2 affirms that everyone, without distinction in terms of sex, is entitled to the rights set forth therein, which include, inter alia, the rights to freedom of expression, association, assembly, and participation in Government.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
On the Declaration on human rights defenders 2011, para. 105
- Paragraph text
- States should refrain from criminalizing, limiting or censoring the exercise of freedom of expression. Except for the permissible and legitimate restrictions established in international human rights law, any measure of this kind should be abolished.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 85
- Paragraph text
- The database of communications sent to States and their replies shows to what extent a large number of governments do not reply adequately to communications, urgent appeals or letters of allegation, however well documented. Their replies do not always cover the situation or the case concerned but simply set out the situation, often in very general terms, without really addressing the seriousness of the cases in question.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Vision and Working Methods of the Mandate 2014, para. 105
- Paragraph text
- The present report presents the vision and the priorities which the Special Rapporteur wishes to share with the Member States and other stakeholders regarding the way in which he intends to carry out the statutory activities laid down, working in a spirit of openness, frankness and transparency which he will maintain throughout the duration of his office. He is conscious of the importance of this mandate and will devote his time and energy to completing the tasks assigned to him, with the overriding objective of serving the underlying cause.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 71
- Paragraph text
- In the Special Rapporteur's view, the principle of necessity requires the State to show that the desired result is necessary and that the law in question is the best available means of achieving that result. It must be demonstrated that the impact of the law is as targeted as possible, thereby impairing the exercise of the affecting rights as little as possible. Furthermore, in accordance with the principle of proportionality, the impact of the restrictions must be proportionate and the harm caused by the restrictions cannot outweigh the benefits derived from applying the restrictions. The ability of individuals to exercise their rights to freedom of expression, association and peaceful assembly is an assessment of paramount importance, which the State needs to make as early as possible to ensure that those rights are not impaired.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Use of legislation to regulate activities of human rights defenders 2012, para. 66
- Paragraph text
- Pursuant to article 15 of the Covenant, the principle of legality prohibits retroactive application of crimes and penalties. To incur criminal responsibility, behaviour must be prohibited and carry criminal sanction at the time of conduct. Article 15 further provides that no heavier penalty may be imposed than that applicable at the time at which the criminal offence was committed. This requires legislation to be enforced in a regular and consistent manner, with penalties handed down as prescribed for in the applicable legislation. The principle therefore protects individuals from State abuse and interference, while ensuring the fairness and transparency of the judicial authority.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
On the Declaration on human rights defenders 2011, para. 32a
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] It must be provided by law - that is through an act of Parliament or an equivalent unwritten norm of common law. Limitations are not permissible if introduced through Government decrees or other similar administrative orders;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
On the Declaration on human rights defenders 2011, para. 32b
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] It must be necessary in a democratic society. The State must demonstrate that the limitations are necessary to prevent a real threat to national security or the democratic order and that other less invasive measures are not adequate to achieve this purpose;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Security and protection of human rights defenders 2010, para. 93
- Paragraph text
- The African Commission has developed a mechanism for adopting provisional measures in its rules of procedure (rule 111): "Before making its final views known to the Assembly on the communication, the Commission may inform the State party concerned of its views on the appropriateness of taking provisional measures to avoid irreparable damage being caused to the victim of the alleged violation … . The Commission … may indicate to the parties any interim measure, the adoption of which seems desirable in the interest of the parties or the proper conduct of the proceedings before it."
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
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