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Protection of journalists and press freedom 2010, para. 75
- Paragraph text
- Emergency or national security laws are also often used to justify restrictions on citizen journalists' expression of views or dissemination of information through the Internet, often on the basis of protecting vaguely defined national interests or public order. For example, on 27 February 2004, the Special Rapporteur, together with the Chairperson of the Working Group on Arbitrary Detention and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, sent an urgent appeal to the Government of the Syrian Arab Republic regarding the arrest of a person in relation to articles which he distributed by e-mail, mainly from the Akhbar al-Sharq Internet site (www.thisissyria.net). The Syrian authorities were quoted as saying that material on the site is "detrimental to the reputation and security of the nation" and "full of ideas and views opposed to the system of Government in Syria".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 76
- Paragraph text
- In other cases, laws or decrees that explicitly regulate online expression have been adopted and used to restrict the peaceful expression of opinion and ideas. For example, on 17 May 2010, at the conclusion of his fact-finding mission to the Republic of Korea, the Special Rapporteur issued a press statement in which he expressed concerns regarding Internet-specific legislation, in particular the Framework Act on Telecommunications and the Act on Promotion of Information and Communications Network Utilization and Information Protection. The Special Rapporteur noted that the former was used as the basis for arresting a blogger for posting online articles which were critical of the Government's economic policy in the context of the financial crisis, while the latter has been used to delete online posts and to sentence or fine individuals who initiated online campaigns for a consumer boycott.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 79
- Paragraph text
- The Special Rapporteur is alarmed and concerned that the number of journalists and media personnel killed in 2009 was the highest since 1992, and that 81 per cent of those killings were deliberate and targeted. While the risk of armed conflict increases the risk to the lives of journalists and other media professionals, more journalists were killed in non-conflict situations, mostly for reporting on organized crime or drug trafficking, environmental matters or human rights violations and corruption, or for voicing criticism of Government or the powerful.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Violence
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 81
- Paragraph text
- It is also worrying that the number of journalists forced into exile as a result of attacks, threats and possible imprisonment doubled between 2009 and 2010 compared with the previous year. While the host Government has the obligation to respect and to ensure the rights of all individuals within its territory, regardless of nationality or other grounds, the Special Rapporteur reiterates the obligation of all States to guarantee the protection of journalists and others who exercise their right to freedom of expression in their own countries in the first place.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 82
- Paragraph text
- Citizen journalists have come to play an increasingly important role in gathering and disseminating news, in particular in countries where press freedom is restricted, or in a disaster or conflict zone where professional journalists may not be present. While they cannot replace professionally trained journalists, they contribute to the public's access to a richer diversity of views, opinions and information. Like professional journalists, and for the same reasons, citizen journalists are subjected to acts of harassment and intimidation, including death threats, arbitrarily arrested and detained, prosecuted and sentenced to imprisonment and/or to harsh fines, and even assassinated. However, they enjoy less protection than professional journalists, as they do not have the support of media organizations and networks, and lack recognition as professional journalists.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 89
- Paragraph text
- The Special Rapporteur also encourages all States to establish an early-warning and urgent response mechanism for the protection of journalists; such a mechanism should also exist for the protection of human rights defenders. It should be an official State commission with high-level recognition and an appropriate budget, composed of high-level representatives of State institutions related to security, territorial administration and human rights, as well as representatives of journalists' associations, media associations and non-governmental organizations working on issues related to the right to freedom of expression. The Commission's plan of work and urgent response procedures should be determined through a common agreement among its members, according to the circumstances of the country or a region within the country.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Protection of journalists and media freedom 2012, para. 100
- Paragraph text
- Bearing in mind that standards exist in international human rights law for the protection of professional journalists outside of armed conflict situations, the Special Rapporteur urges States, with whom the primary responsibility for the protection of journalists lies, to implement those standards at the national level. This includes ensuring that no legislation is passed to unduly limit the freedom of expression of journalists, ensuring the physical and psychological integrity of journalists, and taking steps to tackle impunity for perpetrators of human rights violations against journalists.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 111
- Paragraph text
- The Special Rapporteur recommends that civil society organizations work to raise awareness of the risks faced by journalists, the international standards which exist to protect them, and how these might be implemented through campaigns and training initiatives; that civil society organizations, including journalists, make efforts to ensure that global standards of professional conduct are met in order to enhance the credibility and protection of journalists; and that they coordinate with one another and with the United Nations in order to ensure that their work is complementary.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 51
- Paragraph text
- Inadequate legal standards increase the risk of individuals being exposed to violation of their human rights, including the right to privacy and the right to freedom of expression. They also have an adverse impact on certain groups of individuals - for example, members of certain political parties, trade unionists or national, ethnic and linguistic minorities - who may be more vulnerable to State communications surveillance. Without strong legal protections in place, journalists, human rights defenders and political activists risk being subjected to arbitrary surveillance activities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2013
Paragraph
The right of the child to freedom of expression 2014, para. 58
- Paragraph text
- In the Republic of Korea, high school students have promoted a major social mobilization against authoritarian practices within the education system. As a result of the public debate generated by the students, in January 2012, the Seoul Metropolitan Council adopted a students' rights ordinance ensuring, inter alia, the right of students to protest, a ban on corporal punishment, the elimination of mandatory participation in religious activities and the protection of lesbian, gay, bisexual and transgender students and pregnant students against discrimination. Action for Youth Rights of Korea, an association established by Korean students in the context of this mobilization, continues to promote student activism.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Activists
- LGBTQI+
- Youth
- Year
- 2014
Paragraph
The protection of sources and whistle-blowers 2015, para. 20
- Paragraph text
- Second, "citizen journalists" and bloggers and other media "non-professionals" engage in independent reporting and disseminate their findings through a wide variety of media, from print and broadcast to social media and other online platforms. They frequently work in ways similar or identical to, or even more rigorous than, the work of traditional journalists. Some States have adopted rules that provide important protection for them. For example, the Irish High Court, in Cornec v. Morrice and Ors, found that bloggers might claim source protection because they could constitute an "organ of public opinion" and because the right to influence public opinion would be jeopardized if they were forced to disclose their sources.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
Contemporary challenges to freedom of expression 2016, para. 36
- Paragraph text
- One of the gravest and most concerning tools against reporting involves the use of counter-terrorism laws to restrict and penalize reporters. The reliance on counter-terrorism serves as a catch-all to throttle the flow of information and justify the detention of journalists, bloggers and others working in the media. In Australia, the Border Force Act of 2015 allegedly has the effect of criminalizing reporting on the detention conditions in immigration detention facilities. Ethiopia reportedly relied on its Criminal Code and the Anti-Terrorism Proclamation of 2009 to detain journalists and bloggers with the "Zone 9" collective on the grounds of "working with foreign human rights organizations and inciting violence through social media to create instability in the country", when in fact they were working for independent online media. Turkish authorities have allegedly used anti-terrorism laws to detain journalists and target academics. In 2014, Nigeria was also criticized for threatening and harassing nearly a dozen independent newspapers under the guise of fighting terrorism.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 37
- Paragraph text
- The Islamic Republic of Iran has repeatedly detained journalists and bloggers on murky charges pertaining to espionage or "conspiracy against national security" - problems exacerbated by the closed nature of legal proceedings against those detained. In Germany, while the Government swiftly and correctly reversed course, two online journalists were investigated for reporting on government surveillance practices on the grounds of protecting the public prosecutor's ability to pursue cases against extremism. A presidential decree in Ukraine imposed a one-year ban on 41 foreign journalists and bloggers who were said to pose a threat to the country's national interests and sovereignty. Indonesia detained journalists reporting on the situation in West Papua, charging them with misuse of their visas and attempted treason.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 50
- Paragraph text
- While the threats to freedom of expression worldwide are severe, there remain important efforts to sustain a commitment to article 19. In the wake of the attacks in Paris in January 2015, dozens of the highest leaders of States gathered for a public demonstration that was, nominally, to support the right to freedom of expression and oppose terrorism. The moment proved to be as much theatre as commitment to law and policy, as no overarching Government-led effort to promote freedom of expression - such as the protection of journalists and artists - followed. Still, one may point to concrete examples that deserve to be emulated. Importantly, many (if not most) Governments proclaim in their Constitutions the right everyone enjoys to freedom of expression. Egypt's is typical, protecting in article 65 the freedom of expression "verbally, in writing, through imagery, or by any other means of expression and publication".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 52
- Paragraph text
- States have also attempted to combat anonymity tools, such as Tor, proxies and VPNs, by denying access to them. China has long blocked access to Tor, and Russian government officials reportedly offered more than $100,000 for techniques to identify anonymous users of Tor. In addition, Ethiopia, Iran (Islamic Republic of) and Kazakhstan have reportedly sought to block Tor traffic. Because such tools may be the only mechanisms for individuals to exercise freedom of opinion and expression securely, access to them should be protected and promoted.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
Contemporary challenges to freedom of expression 2016, para. 30
- Paragraph text
- Some States directly penalize individuals on no other ground than the prohibition of criticism itself. Viet Nam, for instance, has reportedly detained and prosecuted individuals on the grounds of "propaganda against the State". Similarly, the Islamic Republic of Iran has detained and prosecuted individuals for conducting "propaganda against the system" and "insulting" the nation's highest leadership. Activists in Azerbaijan have been detained and prosecuted on grounds of treason following comments critical of the President. Kuwaiti authorities prosecuted a journalist on the grounds of insulting the judiciary, on the basis of tweets and posts in which he raised concerns about the sentencing of others. Nepalese authorities brought contempt charges against news journalists following their critical reports on the judiciary. Bahraini authorities prosecuted an activist for criticizing torture and ill-treatment in a Bahraini prison. Myanmar has penalized individuals for criticism or insult of the army, while Cambodia has prosecuted and harassed individuals for their criticism of government policy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 46
- Paragraph text
- The right to freedom of opinion and expression must be respected "without distinction of any kind" (see article 2 (1) of the Covenant). Members of some groups, however, often face particular discrimination when it comes to the implementation of restrictions on expression. The Special Rapporteurs on the rights to freedom of peaceful assembly and of association, on the situation of human rights defenders and on the independence of judges and lawyers address issues pertaining to human rights defenders and non-governmental organizations (NGOs), often in collaboration with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Given their focus and detailed reporting, I will not highlight here our shared concerns about restrictions imposed against NGOs, human rights defenders environmental activists, refugees and lawyers. Instead I will highlight several other groups whose expression is particularly subject to repression.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2016
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 100
- Paragraph text
- Differential treatment of assemblies takes various forms. The authorities may deny permission, licences or other facilitation for demonstrations and protests, especially those held in opposition to major corporate-sponsored events. A glaring example is the crackdown by Azerbaijan on human rights activists protesting the European Games, which were largely sponsored by corporate entities. The Special Rapporteur previously cited with concern the case of protestors who staged a sit-in at the department store Fortnum & Mason, in London. The demonstrators did not prevent customers from shopping, yet 138 were arrested and charged with aggravated trespass; 29 were prosecuted.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 19
- Paragraph text
- In many cases, the most egregious violations of the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation are committed against groups and individuals inhabiting regions far from centres of power, who are often at risk or already marginalized within society. They may lack access to information or the means of effectively advocating for their concerns, or they may be confronted with authorities are that are unable or unwilling to address their grievances. The ability to freely associate and to peacefully assemble are indispensable in this regard. Some of the categories of persons that require special attention in the context of the rights to freedom of peaceful assembly and of association and of natural resource exploitation are women (including women human rights defenders), Afro-descendants, indigenous peoples, peasant farmers, fisher folk and forest dwellers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2015
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 76
- Paragraph text
- Violence against workers is both a reason for and a consequence of the global weakening of workers' rights to freedom of peaceful assembly and of association. In 2015, unionists were murdered in 11 countries for their activism: Chile, Colombia, Egypt, El Salvador, Guatemala, Honduras, Islamic Republic of Iran, Mexico, Peru, South Africa and Turkey. Honduras has seen a plague of violence, with 31 trade unionists, 57 rural workers and 28 journalists murdered between 2009 and early 2014, while 62 trade unionists have been assassinated in Guatemala since 2008. This violence is generally delivered with impunity and serves as a terrifying deterrent to workers' exercise of rights of freedom of peaceful assembly and of association.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 77
- Paragraph text
- At times State authorities actually bolster employers' efforts to restrict workers' peaceful assembly and association rights. In 2013, in Algeria, police violently dispersed a peaceful protest of the Contractual Workers Union at a Government compound, and arrested 20 people. In Nigeria, on 19 May 2016, police beat, tear-gassed and arrested members of the Nigerian Labour Congress who were peacefully demonstrating, claiming that workers had not obtained police clearance to hold the protest. The Special Rapporteur stresses that the right to peaceful assembly is fundamental; its exercise does not require the permission of the State (A/HRC/32/36/Add.1, para. 17).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 78
- Paragraph text
- Indonesian law states that unions have the right to strike, but police often pressure workers to end legal strikes and protests through violence or arrests. For example, 23 labour activists and 2 public defenders were arrested when several union federations protested Government Regulation on Remuneration No. 78/2015. In 2014, 17 workers in West Java were injured in an organized attack; police watched but did not stop the violence. The incident has had a chilling effect on unionization and workers' exercise of their rights. The role of the military and police in monitoring and providing security services at factories has had a similar effect.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 49
- Paragraph text
- Bahrain, formally organized as a constitutional monarchy, has embarked on an extensive crackdown on dissent since a large protest movement began calling for greater political freedom, among other things, in 2011. The Special Rapporteur remains particularly concerned about the imprisonment of opposition leader Sheikh Ali Salman and the harassment and detention of human rights defenders involved in organizations defending human rights, including Nabeel Rajab (see A/HRC/28/85, case BHR 13/2014), Abdulhadi Al-Khawaja (see A/HRC/19/44, case BHR 18/2011), Zainab Al-Khawaja, Abduljalil Al-Singace (see A/HRC/18/51, case BHR 4/2011) and others (see A/HRC/28/85, cases BHR 10/2014 and BHR 12/2014).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Violations committed against defenders by non-State actors 2010, para. 45
- Paragraph text
- This right to an effective remedy is reflected in other human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Article 2(3) of the latter provides that States parties should ensure that "any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity". It further states that States parties should ensure that "any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy". This obligation includes providing defenders with reparations.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 35
- Paragraph text
- In certain States, judges and lawyers are working under constant threat, which may jeopardize their independence. Prosecutors sometimes resort to inadmissible evidence to initiate proceedings against defenders, thus compromising their right to a fair trial. In several countries, the relevant authorities still resort to secret, incriminating evidence to arrest and administratively detain human rights defenders without charges for prolonged periods of time. Such evidence is reportedly often obtained by the security services and not shared with detainees or their lawyers. The Special Rapporteur would like to recall that, although not prohibited under international law, administrative detention should be surrounded by judicial guarantees and used only in exceptional and specific circumstances, such as a public emergency threatening the life of a nation.
- Legal status
- Non-negotiated soft 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
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 36
- Paragraph text
- States should refrain from criminalizing the peaceful and legitimate activities of defenders and ensure that they can work in a safe environment without fear of being prosecuted for criticizing Government policy or Government officials. The Special Rapporteur also urges States to review and abolish all legislative and administrative provisions restricting the rights contained in the Declaration on Human Rights Defenders, including legislation on NGOs and freedom of expression. Security legislation should not be used inappropriately to restrict the work of defenders. States should respect defenders' right to a fair trial and appropriate redress and compensation should be provided to defenders whenever their right to a fair trial is denied.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 37
- Paragraph text
- The Special Rapporteur wishes to call upon NGOs and regional human rights organizations to continue supporting defenders by providing them with legal assistance and/or judicial trial observation. To avoid jeopardizing their own security, human rights defenders should try to liaise with intergovernmental organizations such as OSCE and the OHCHR field presences whenever they decide to engage on such trial observations. Some recommendations on the way defenders could try to enhance their own security are detailed below.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 39
- Paragraph text
- Individuals acting on their own or as part of groups, whether in collusion with States or not, have been increasingly involved in attacks on human rights defenders. Guerillas, private militias, vigilante groups and armed groups have been implicated in violence against defenders, including beatings, killings and various acts of intimidation. Private companies have also been directly or indirectly involved in acts of violence against defenders. In this regard, the Special Rapporteur would particularly like to underline the situation of defenders working on economic, social and cultural rights, who are increasingly vulnerable, since their work is not always recognized as human rights work.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Activists
- Year
- 2010
Paragraph
Security and protection of human rights defenders 2010, para. 62
- Paragraph text
- The obligations of the State are outlined in articles 2, 9, 12, 14 and 15 of the Declaration on Human Rights Defenders. In particular, pursuant to article 12 of the Declaration, States have the obligation to protect defenders. Article 12 of the Declaration provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".
- Legal status
- Non-negotiated soft law
- 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
- 2010
Paragraph
Violations committed against defenders by non-State actors 2010, para. 17
- Paragraph text
- A number of cases brought to the attention of the Special Rapporteur indicate that the media are also involved in violations committed against human rights defenders, notably in relation to violations of their right to privacy. In certain States, human rights defenders have been subjected to denigration campaigns in the press (although sometimes the perpetrators were State-owned outlets). The Special Rapporteur strongly condemns such stigmatization, which often causes defenders to be portrayed as "troublemakers" and consequently legitimizes attacks against them.
- Legal status
- Non-negotiated soft 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
- Person(s) affected
- Activists
- Year
- 2010
Paragraph