A/HRC/37/59
prohibited unless it meets strict requirements of legitimacy, necessity and proportionality. 6
More generally, to address indirect as well as direct discrimination, States must pay
attention to historical or persistent prejudice against groups of individuals, recognize that
environmental harm can both result from and reinforce existing patterns of discrimination,
and take effective measures against the underlying conditions that cause or help to
perpetuate discrimination. 7 In addition to complying with their obligations of nondiscrimination, States should take additional measures to protect those who are most
vulnerable to, or at particular risk from, environmental harm (framework principles 14 and
15).
Framework principle 4
States should provide a safe and enabling environment in which
individuals, groups and organs of society that work on human rights or
environmental issues can operate free from threats, harassment,
intimidation and violence.
Commentary
10.
Human rights defenders include individuals and groups who strive to protect and
promote human rights relating to the environment (see A/71/281, para. 7). Those who work
to protect the environment on which the enjoyment of human rights depends are protecting
and promoting human rights as well, whether or not they self-identify as human rights
defenders. They are among the human rights defenders most at risk, and the risks are
particularly acute for indigenous peoples and traditional communities that depend on the
natural environment for their subsistence and culture.
11.
Like other human rights defenders, environmental human rights defenders are
entitled to all of the rights and protections set out in the Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human
Rights Defenders), including the right to be protected in their work and the right to strive
for the protection and realization of human rights at the national and international levels. To
that end, States must provide a safe and enabling environment for defenders to operate free
from threats, harassment, intimidation and violence. The requirements for such an
environment include that States: adopt and implement laws that protect human rights
defenders in accordance with international human rights standards; 8 publicly recognize the
contributions of human rights defenders to society and ensure that their work is not
criminalized or stigmatized; develop, in consultation with human rights defenders, effective
programmes for protection and early warning; provide appropriate training for security and
law enforcement officials; ensure the prompt and impartial investigation of threats and
violations and the prosecution of alleged perpetrators; and provide for effective remedies
for violations, including appropriate compensation (see A/71/281, A/66/203 and
A/HRC/25/55, paras. 54–133).
6
7
8
Ibid., para. 13.
Ibid., para. 8.
See Model Law for the Recognition and Protection of Human Rights Defenders, at
www.ishr.ch/sites/default/files/documents/model_law_full_digital_updated_15june2016.pdf.
9
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