A/HRC/4/37
page 18
74.
In July 2004, the Special Representative wrote to the Government of China concerning
husband and wife defenders, who were both HIV-positive and wanted to protest about the
inadequate health care and services for those infected with HIV/AIDS in Shangqiu city. They
were allegedly arrested whilst trying to petition the National Health Department about this issue.
In August 2004 a communication was sent to the Government of Nepal concerning members of
the Blue Diamond Society, an NGO that provides outreach work for LGBTI persons and
campaigns to combat HIV/AIDS. A private writ had been filed to close down the organization
on the grounds that it “promoted homosexuality” and 39 members were arrested on the street
without charge and held without food or water for 15 hours. Three members were alleged to
have been beaten and raped by the police. In December 2005, a communication was sent to the
Government of Jamaica, concerning Lenford “Steve” Harvey who was killed allegedly because
of his activities in the defence of the rights of marginalized people in Jamaican society, including
persons living with HIV/AIDS. In August 2006, a communication was sent to the Government
of Myanmar concerning 11 members of Friends with Red Ribbon who were alleged to have been
detained on the grounds that they had failed to report that they would be staying in a monastery
overnight and planning an event to commemorate those having died of HIV/AIDs.
7. The right to education
75.
States parties recognize “the right of everyone to education” in articles 13 and 14
of ICESCR.
76.
The Special Representative has sent communications on 12 cases of defenders working to
promote and protect the right to education. Many of the defenders working to promote and
protect labour rights are also active in teachers’ unions and unions for university employees.
77.
In June 2004, the Special Representative sent a communication to the Government of
Iran concerning a defender who had been arrested, allegedly because of his work on educational
projects for children from the Arab minority in Khuzestan.
C. General summary of violations of the rights of defenders active in the field
of economic, social and cultural rights and challenges they face
78.
According to the information received by the Special Representative, defenders working
in all of the fields mentioned in the section above, face violations of their rights by the State
and/or face violence and threats from non-State actors because of their work. Violations of their
rights seem to take all the forms that violations of the rights of defenders working in the field of
civil and political rights take. There are some differences though, perhaps the most important
being that defenders working in the field of ESCR often have a harder time having their work
accepted as human rights work. This might have several effects, including difficulties attracting
funding, a lack of coverage from the media to violations of these defenders’ rights, and a lack of
attention paid to these violations and a hesitation in seeking remedial measures at the domestic or
international level.
79.
Even when they do not experience active repression, defenders working on ESCR often
report that they receive no response from the authorities to concerns they express regarding these
rights. Again this is often a consequence of the above-mentioned misconception that defenders
working in the field of ESCR are not “real” human rights defenders.
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