A/HRC/43/52
(l)
The type, prevalence, trends and patterns of complaints concerning privacy
experiences, differentiated by gender, are assessed using rights-based data-collection
procedures and best practice privacy and data protection standards and law, and
disaggregated, de-identified data on gender-based infringements of privacy are made publicly
available.
B.
Defence of human rights
29.
States and non-State actors should:
(a)
Provide a safe and enabling environment for human rights defenders, giving
particular attention to the privacy and data protection rights of those defending the rights of
women and gender-nonconforming individuals and those who may be personally vulnerable
on account of their gender;
(b)
Meet legal obligations to protect the right to privacy and support the work of
human rights defenders, regardless of their gender or that of those whose rights they are
defending;
(c)
Apply an intersectional approach to assessing opportunities and risks to
advancing the defence of human rights for and by women and gender-nonconforming human
rights defenders;
(d)
Address the particular challenges that indigenous women human rights
defenders face when exercising their right to participate in public life.
30.
States should:
(a)
Enact legislation that protects human rights defenders, especially those who
are women or gender-diverse, from all forms of violence, including cyberviolence;
(b)
Repeal laws that criminalize the role of human rights defenders and pass
legislation to prohibit and penalize violence against them;
(c)
Establish supportive legal, institutional and administrative frameworks by:
(i)
Creating a strong and independent national human rights institution that
promotes the defence of human rights and documents abuses and successful exercises
of justice;
(ii)
Ensuring access to justice, addressing violations against human rights
defenders by taking a public stand against all States and non-State actors that violate
defenders’ rights, ceasing all attacks and threats against defenders and investigating
all threats that are made;
(iii) Introducing effective policies and programmes, with specific attention given
to women and gender-nonconforming defenders, that address the risks and systemic
and structural discrimination and violence that they experience;
(iv) Addressing barriers to the participation of human rights defenders in public
life, including the lack of identity or travel documents;
(v)
Ensuring the privacy of communications of human rights defenders who
engage with multilateral institutions and international and regional human rights
bodies and promptly investigating any allegations of actions to the contrary;
(vi) Ensuring that online media are not used to violate the rights to privacy of
human rights defenders through, for example, the publication of private contact
information by a third party, identity theft or threats of sexual violence.
8
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