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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents