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107. Judiciaries must, in particular, be vigilant and consistent in upholding the right to
peaceful action for attaining social and economic rights. This becomes extremely
important considering the mounting pressure on defenders of judicial prosecution for
carrying out activities protected by the Declaration on Human Rights Defenders.
108. In line with the preamble of the Declaration on Human Rights Defenders, where it is
stressed that “the prime responsibility and duty to promote and protect human rights and
fundamental freedoms lie with the State”, the Special Representative urges States to adopt
appropriate measures to disseminate and to ensure full observance of the Declaration on
Human Rights Defenders by all State authorities in order to make sure that all defenders
come under the protection of the Declaration on Human Rights Defenders, including those
working in the area of ESCR.
109. The Special Representative recommends that States show increased tolerance for
criticism and see human rights defenders working in the field of ESCR as a resource and
make use of the often specialized knowledge of defenders in order to achieve the realization
of all ESCR.
110. In relation to the above, the Special Representative urges Governments to improve
access to information for human rights defenders, as well as access to authorities, also at
the local level, and to public meetings in order to express their concerns and
recommendations and to participate in assessing the impact of State policies on the
realization of ESCR and the actions of private actors in the field of ESCR.
111. The Special Representative suggests that the Committee on Economic, Social and
Cultural Rights, as well as Governments, as a part of their support for the work of
defenders, encourage defenders and defenders’ organizations to submit shadow-reports to
the Committee on the implementation of the International Covenant on Economic, Social
and Cultural Rights.
112. The Special Representative encourages Governments to combat impunity for
attacks and threats against human rights defenders working in the area of ESCR, as well
as in all other areas, in accordance with article 9 of the Declaration on Human Rights
Defenders.
113. The Special Representative reminds Governments of their commitments through
the Millennium Declaration. She urges them to facilitate human rights defenders’ activities
that contribute towards achieving the goals of the Millennium Declaration.
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