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
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