In this chapter:
In this chapter (click to expand)
By utilising and referring to relevant international and regional legal and policy frameworks, National Human Rights Institutions (NHRIs) can better promote and protect the rights of human rights defenders.
They can monitor and report on the national implementation of these frameworks, and advise state authorities on how to best do so within their legal and policy context.
The following international and regional frameworks are particularly relevant. Click on a tile to learn more:
This list is not exhaustive. Specific provisions of UN human rights treaties, the European Convention of Human Rights, and case law of the European Court of Human Rights are equally applicable and legally binding.
The UN Declaration on Human Rights Defenders helps define both who a human rights defender is and what their fields of activity are. It also recognises their value to society. Furthermore, it sets out that human rights defenders should be entitled and free to:
The Commentary to the Declaration on Human Rights Defenders clarifies that, although the Declaration is not a legally binding instrument, it contains rights that are already recognised in many legally binding international human rights instruments. It also specifies how these apply to human rights defenders in particular.
The Declaration contains provisions on the responsibilities of states to facilitate the work of and to ensure an enabling environment for human rights defenders.
States should:
The state’s responsibilities to ensure an enabling environment were further detailed in the Report of the Special Rapporteur on the Situation of Human Rights Defenders, Margaret Sekaggya. They were described as:
The Council of Europe has stepped up its efforts to protect and promote the rights of human rights defenders. Over time, it has developed a series of instruments to ensure that they and civil society organisations can continue doing their vital work.
The Declaration calls on Council of Europe Member States to:
The Recommendation contains detailed recommendations to Member States of the Council of Europe on:
The Recommendation provides guidelines to Member States in the areas of prevention, protection, prosecution, promotion of information, education and awareness raising. Specifically, Member States must put in place comprehensive legislative frameworks for the protection of the physical and moral integrity of journalists.
Following a call by civil society during the 2012 OSCE Ministerial Council in Dublin, ODIHR created the ODIHR Guidelines for the Protection of Human Rights Defenders. While these do not set new standards or seek to create “special” rights for human rights defenders, they advise participating States on how they can protect them.
Among other things, the Guidelines:
The EU adopted its Guidelines on Human Rights Defenders to strengthen EU action to support and protect human rights defenders in non-EU countries. They outline how the embassies of EU Member States and EU Delegations can do so together with human rights defenders directly; in the context of their work with countries outside of the EU; and within global multilateral arenas such as the UN.
In summary, the Guidelines propose the following actions:
This EU local strategy to support and defend human rights defenders was drafted on the basis of the EU Guidelines on Human Rights Defenders. It includes input from human rights defenders and was agreed on by Member State embassies in Turkey. It contains operational guidelines on providing effective support to and a provision on monitoring the situation of human rights defenders in Turkey. Beyond this, it details the risks that human rights defenders face; gives guidance on accessing emergency EU assistance; stipulates meetings between EU officials and human rights defenders; and commits to observing trials of human rights defenders.
Have a look at the example from the OSCE Guidelines below.
Has your NHRI monitored whether this has been respected in your country? If so, what recommendation(s) were made to the State? If it has not yet been done, can you think of cases where this analysis could be made in your country? What would the sources be and which actors would you consult?