A/HRC/40/60
95.
States must review, amend and repeal laws that restrict the rights of human rights
defenders, including the rights to freedom of opinion, expression, assembly and association.
Laws should not be used to harass or criminalize women defenders. Instead, laws should
protect women defenders from discrimination, marginalization, slander, hate speech and
hate crime, on- or offline.
96.
National human rights institutions play an important role in monitoring and
investigating the situation of human rights defenders and should have the independence and
resources to achieve these aims, as noted in a report submitted by a previous mandate
holder (A/HRC/25/55).
Priority 4: Document and investigate all forms of risk, threats and attacks against
women human rights defenders, ensuring that perpetrators – both State and nonState actors – are brought to justice and that these defenders have access to an
effective remedy, including gender-responsive reparations
97.
The risks, threats and attacks faced by women defenders should be monitored and
trends analysed so that precautionary measures can be taken. States should clarify how and
with whom women defenders should report concerns and lodge complaints about risks,
threats and attacks. Reports of risks, threats, and attacks originating in both the private and
the public sphere should be taken seriously.
98.
States should ensure the prompt and effective investigation of intimidation, threats,
violence and other attacks against women defenders, whether committed by State or nonState actors. Prosecutors and judges should take these threats and attacks seriously,
operating independently and with gender sensitivity to ensure that perpetrators are brought
to justice while safeguarding the dignity and security of women defenders.
Priority 5: Develop protection mechanisms and initiatives that incorporate the Special
Rapporteur’s seven principles underpinning good protection practices
99.
Women defenders need access to the right protection initiatives and resources on an
ongoing basis, especially in emergencies. Funders have developed processes and
mechanisms to ensure that women around the world have access to fast, flexible and
responsive support when they face immediate threats. Other valuable responses include
urgent actions, emergency relocation, legal aid and accompaniment. Protection strategies
must focus on the gender-based violence faced by women defenders, including when it
occurs in families, organizations or communities.
100. The Special Rapporteur has previously highlighted seven principles that underpin
good protection practices, namely, they should adopt a rights-based, inclusive approach;
recognize that defenders are diverse and might not self-identify as human rights defenders;
exhibit gender sensitivity, with an intersectional approach to assessing risk and designing
protection initiatives; focus on the “holistic security” of defenders, in particular their
physical safety, digital security and psychosocial well-being; be oriented to protecting
groups, family members and loved ones, along with individual defenders; invite
participation, not least by involving defenders in the choice of strategies and tactics; and
prove flexible, so that the specific needs and circumstances of defenders are taken into
account (see A/HRC/31/55).
Priority 6: Recognize that security must be understood holistically and that it
encompasses physical safety, digital security, environmental security, economic
stability, the freedom to practice cultural and religious beliefs and the mental and
emotional well-being of women defenders and their families and loved ones
101. The security of women defenders is multidimensional and should not be understood
as physical safety alone. It is therefore critical for women defenders to be provided with
multidimensional forms of support. In the face of online attacks and increased surveillance
in particular, digital security has become increasingly important. Women defenders have
also highlighted concerns about their economic security and their mental and emotional
well-being.
17
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