A/HRC/43/50
B.
Human rights defenders
35.
The core of the international framework on human rights defenders is the
Declaration on Human Rights Defenders adopted by the General Assembly. It is available
in many languages, and recently marked its twentieth anniversary.
36.
The Declaration articulates existing rights in a way that makes it easier to apply
them to the practical role and situation of human rights defenders. The rights of defenders
that are recognized include the rights to: meet and assemble peacefully; benefit from
effective remedies; exercise their occupation as human rights defenders; effective
protection under national law in peacefully opposing State human rights violations; conduct
human rights work individually and in association with others; seek, receive and hold
information relating to human rights; unhindered access to and communication with nongovernmental and intergovernmental organizations; and solicit, receive and utilize
resources (including funds from abroad) for the purpose of protecting human rights.
37.
Under the Declaration, States have duties, including to: protect, promote and
implement all human rights; provide an effective remedy for persons who claim to have
been victims of violations; conduct prompt and impartial investigations of alleged
violations; take all necessary measures to ensure the protection of everyone against
violence, threats, retaliation or adverse discrimination as a consequence of legitimate
exercise of rights referred to in the Declaration; and promote public understanding of all
human rights, including cultural rights.
38.
While the Declaration is not itself a legally binding instrument, its adoption as a
General Assembly resolution represents a strong commitment by States to its
implementation, and it contains legally binding principles and rights derived from treaties
such as the International Covenant on Civil and Political Rights. Moreover, the Council has
repeatedly called for the Declaration’s full implementation, reaffirming that everyone has
the right, individually and in association with others, to promote and strive for the
realization of human rights and fundamental freedoms, including cultural rights. 29 The
Committee on Economic, Social and Cultural Rights noted in its statement on human rights
defenders and economic, social and cultural rights that it considered any threats or violence
against human rights defenders to constitute violations of the obligations of States towards
the realization of the rights contained in the International Covenant on Economic, Social
and Cultural Rights , since human rights defenders also contributed through their work to
the fulfilment of those rights (E/C.12/2016/2, para. 5).
39.
The Office of the United Nations High Commissioner for Refugees interprets the
Convention relating to the Status of Refugees in light of the Declaration on Human Rights
Defenders. It has recognized human rights defenders as a category of persons in need of
international protection (A/73/230, para. 49).
40.
Particular categories of human rights defenders that overlap with cultural rights
defenders are recognized in and protected by additional standards. In December 2013, the
General Assembly adopted resolution 68/181 on protecting women human rights defenders,
in which it stressed that respect for the activities of human rights defenders, including
women human rights defenders, was essential to the overall enjoyment of human rights. It
expressed particular concern about systemic and structural discrimination and violence
faced by women human rights defenders, and called upon States to take all measures
necessary to ensure their protection. It also called upon States to exercise due diligence in
preventing violations against human rights defenders, including through practical steps to
prevent threats, harassment and violence against women human rights defenders, and in
combating impunity by ensuring that those responsible for violations and abuses, including
gender-based violence and threats against women human rights defenders, committed by
State and non-State actors, including online, were promptly brought to justice. It
emphasized the need for the participation of women human rights defenders in the
development of effective policies and programmes related to their protection and
29
See, e.g., Council resolution 31/32.
9