A/HRC/34/70
danger. They provide invaluable advocacy, independent and reliable analysis, effective
protection, the courage to protest and oppose and both a progressive interpretation of
existing rights and a vision of new rights in embryo. The work of human rights defenders
animates and enlarges the enjoyment of human rights for the rest of us. They are commonly
our first voices for human rights and, too often, our last line of defence. If their work is in
jeopardy anywhere, we are all more precarious and less secure.
34.
The rights and responsibilities that protect the work of human rights defenders are
well-entrenched in international law. Among other primary human rights instruments, the
Universal Declaration of Human Rights 46 and the International Covenant on Civil and
Political Rights 47 both proclaim the inalienable freedoms of opinion and expression,
movement and peaceful assembly and association. These fundamental instruments
champion not only the human rights of all peoples, but also the activities of human rights
defenders.
35.
By its resolution 53/144, the General Assembly adopted by consensus 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
(Declaration on Human Rights Defenders). The purpose of the Declaration is to secure and
entrench the right of groups and individuals to defend human rights without fear or
interference.48 While not a binding legal instrument itself, the Declaration enshrines many
of the principles and rights that have been already grounded in international law through
other conventions and covenants. In its preamble, the Declaration provides for, among other
things, the following:
(a)
The effective elimination of all violations of human rights and fundamental
freedoms of peoples and individuals, including in relation to foreign domination or
occupation;
(b)
That the prime responsibility and duty to promote and protect human rights
and fundamental freedoms lie with the State;
(c)
The right and responsibility of individuals, groups and associations to
promote respect for and foster knowledge of human rights and fundamental freedoms at the
national and international levels.
36.
The Declaration sets out a broad range of rights and protections for human rights
defenders, including primarily to seek the protection and realization of human rights and
fundamental freedoms at the national and international levels (art. 1). It reaffirms essential
human rights in the context of this critical work, such as freedom of association and
assembly and freedom of opinion and expression. It highlights particularly important rights
and protections for human rights defenders, including the freedom to raise issues with and
criticize governmental bodies (art. 8), the right to an effective remedy (art. 9) and the right
to solicit, receive and utilize resources for the express purpose of peacefully promoting and
protecting human rights (art. 13), among others.
37.
The Declaration further imposes specific responsibilities and duties on States,
including primarily the promotion, protection, and implementation of all human rights (art.
2). Specifically, States are called upon to provide effective remedy to those whose rights
have been violated, to promptly and impartially investigate alleged violations (art. 9) and to
promote public understanding of all human rights (art. 14). It need not be re-emphasized
that these protections and obligations apply equally to human rights defenders, even if they
46
47
48
While the Universal Declaration of Human Rights is not a legally binding instrument per se, virtually
all of the rights therein are embedded in international law through subsequent legally binding treaties
and conventions.
Israel is a party to the Covenant, having ratified it on 3 October 1991.
For a valuable overview of the Declaration, see Special Rapporteur on the situation of human rights
defenders, Commentary to 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 (July 2011) and OHCHR fact sheet No. 29.
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