Declaration on
Human Rights Defenders
The
Declaration on human rights defenders in different languages
General Assembly Resolution A/RES/53/144 adopting the Declaration on human rights
defenders
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The Declaration on human rights defenders
Elaboration of the Declaration on human rights defenders began in 1984
and ended with the adoption of the text by the General Assembly in 1998, on
the occasion of the fiftieth anniversary of the Universal Declaration of Human
Rights. A collective effort by a number of human rights non-governmental
organizations and some State delegations helped to ensure that the final
result was a strong, very useful and pragmatic text. Perhaps most
importantly, the Declaration is addressed not just to States and to human
rights defenders, but to everyone. It tells us that we all have a role to
fulfil as human rights defenders and emphasizes that there is a global
human rights movement that involves us all. The Declaration’s full name is the
“Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms” – with this longer title is frequently
abbreviated to “The Declaration on human rights defenders”.
1. Legal character
The Declaration is not, in itself, a legally binding instrument.
However, it contains a series of principles and rights that are based on
human rights standards enshrined in other international instruments that
are legally binding – such as the International Covenant on Civil and
Political Rights. Moreover, the Declaration was adopted by consensus by the
General Assembly and therefore represents a very strong commitment by
States to its implementation. States are increasingly considering adopting
the Declaration as binding national legislation.
2. The Declaration’s provisions
The Declaration provides for the support and protection of human rights
defenders in the context of their work. It does not create new rights but instead
articulates existing rights in a way that makes it easier to apply them to
the practical role and situation of human rights defenders. It gives
attention, for example, to access to funding by organizations of human
rights defenders and to the gathering and exchange of information on human
rights standards and their violation. The Declaration outlines some
specific duties of States and the responsibilities of everyone with regard
to defending human rights, in addition to explaining its relationship with
national law. Most of the Declaration’s provisions are summarized in the
following paragraphs. [1] It is important to reiterate that
human rights defenders have an obligation under the Declaration to conduct
peaceful activities.
(a) Rights and protections accorded to human rights defenders
Articles 1, 5, 6, 7, 8, 9, 11, 12 and 13 of the Declaration provide
specific protections to human rights defenders, including the rights:
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To seek the protection and realization of
human rights at the national and international levels;
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To conduct human rights work individually
and in association with others;
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To form associations and non-governmental
organizations;
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To meet or assemble peacefully;
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To seek, obtain, receive and hold
information relating to human rights;
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To develop and discuss new human rights
ideas and principles and to advocate their acceptance;
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To submit to governmental bodies and
agencies and organizations concerned with public affairs criticism and
proposals for improving their functioning and to draw attention to any
aspect of their work that may impede the realization of human rights;
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To make complaints about official policies
and acts relating to human rights and to have such complaints reviewed;
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To offer and provide professionally
qualified legal assistance or other advice and assistance in defence of
human rights;
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To attend public hearings, proceedings and
trials in order to assess their compliance with national law and
international human rights obligations;
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To unhindered access to and communication
with non-governmental and intergovernmental organizations;
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To benefit from an effective remedy;
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To the lawful exercise of the occupation or
profession of human rights defender;
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To effective protection under national law
in reacting against or opposing, through peaceful means, acts or omissions
attributable to the State that result in violations of human rights;
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To solicit, receive and utilize resources
for the purpose of protecting human rights (including the receipt of funds
from abroad).
(b) The duties of States
States have a responsibility to implement and respect all the provisions
of the Declaration. However, articles 2, 9, 12, 14 and 15 make particular
reference to the role of States and indicate that each State has a
responsibility and duty:
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To protect, promote and implement all human
rights;
·
To ensure that all persons under its
jurisdiction are able to enjoy all social, economic, political and other
rights and freedoms in practice;
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To adopt such legislative, administrative
and other steps as may be necessary to ensure effective implementation of
rights and freedoms;
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To provide an effective remedy for persons
who claim to have been victims of a human rights violation;
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To conduct prompt and impartial
investigations of alleged violations of human rights;
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To take all necessary measures to ensure the
protection of everyone against any violence, threats, retaliation, adverse
discrimination, pressure or any other arbitrary action as a consequence of
his or her legitimate exercise of the rights referred to in the
Declaration;
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To promote public understanding of civil,
political, economic, social and cultural rights;
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To ensure and support the creation and
development of independent national institutions for the promotion and
protection of human rights, such as ombudsmen or human rights commissions;
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To promote and facilitate the teaching of
human rights at all levels of formal education and professional training.
(c) The responsibilities of everyone
The Declaration emphasizes that everyone has duties towards and within
the community and encourages us all to be human rights defenders. Articles
10, 11 and 18 outline responsibilities for everyone to promote human
rights, to safeguard democracy and its institutions and not to violate the
human rights of others. Article 11 makes a special reference to the
responsibilities of persons exercising professions that can affect the
human rights of others, and is especially relevant for police officers,
lawyers, judges, etc.
(d) The role of national law
Articles 3 and 4 outline the relationship of the Declaration to national
and international law with a view to assuring the application of the
highest possible legal standards of human rights.
[1] A more detailed commentary on
the Declaration is provided in the report of the Secretary-General
to the Commission on Human Rights at its fifty-sixth session, in 2000
(E/CN.4/2000/95). The report also contains proposals for the implementation
of the Declaration.
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