A/HRC/19/55 3. (a) Youth and student defenders International human rights framework and the approach of the mandate holder 93. Article 2 of the Universal Declaration on Human Rights, article 2 of the International Covenant on Civil and Political Rights and article 2 of the International Covenant on Economic, Social and Cultural Rights provide for the universality of human rights and the equality of all human beings. Everyone is entitled to the rights provided for in these human rights instruments without discrimination. 94. While age is not mentioned as a specific ground for discrimination in the international bill of human rights, the Human Rights Committee, in its general comment No. 18 (1989) on non-discrimination, specified that discrimination “should be understood to imply any distinction, exclusion, restriction or preference … which has the purpose or effect of nullifying or impairing the recognition, exercise or enjoyment by all persons, on an equal footing, of all rights and freedoms” (para. 7). The International Covenant on Civil and Political Rights also recognizes that young people below 18 years of age should not be sentenced to death under any circumstance. 95. The Convention on the Rights of the Child provides every person below 18 years of age with specific rights along the same principles as other international human rights conventions, while recognizing children’s specific needs. The Convention on the Rights of the Child contains four guiding principles: non-discrimination; best interests of the child; the right to life, survival and development; and the views of the child, which should be taken into consideration based on the age and maturity of the child in all matters affecting him or her. 96. These rights, among others, are reiterated in the Declaration on Human Rights Defenders. The Declaration applies to every person acting to promote and protect human rights as long as they accept and apply the principles of universality and of non-violence. 97. Despite recognition in international human rights law of the legitimacy of their work, youth and student defenders continue to face severe violations of their human rights as a result of that work. The mandate holder has been monitoring the situation of youth, particularly student, activists working to protect human rights, since the mandate’s inception, with their situation and challenges having already been assessed in several reports from the mandate holder. 98. In her report to the General Assembly in 2007 (A/62/225), the former Special Representative addressed the situation of student activists in the context of the right to freedom of assembly. She noted a trend of acts of repression and retaliation against student activists engaged in protests and expressed particular concern about the brutality of the violations against this group, which in many cases amounted to torture. The young age of the students adds to the severity of the violations suffered and leaves them particularly vulnerable. Noting the high educational value of student protests as a first experience of public participation and defence of human rights, the Special Representative argued that “ensuring a conducive environment for student protests is a social investment in addition to a legal obligation” (paras. 70 and 101 (b)). 99. When the Special Rapporteur set out her vision for the mandate in 2008 (A/63/288), defenders engaged in student protests were included as a priority. In the light of recent events, notably in the Middle East and North Africa, the Special Rapporteur has decided to take a broad approach to the assessment of youth, including students, working to defend human rights. The number of communications related to this group is relatively low compared to other groups of defenders discussed in this report, but the mandate holder has observed that they are at particular risk, which is likely to increase given recent events, unless specific attention is devoted to their situation. 16

Select target paragraph3

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