A global observatory
on national policies on defenders’ protection

Description of national legislation and institutions for the protection of human rights defenders

Under article 12 of the UN declaration on human rights defenders, states must guarantee their protection

Article 12 of the declaration on human rights defenders

1. Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms.
2. The state shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.
3. In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms, as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms

Despite the fact that the declaration on human rights defenders is not legally binding and does not impose any obligation on states in the strict sense of the word, it is nonetheless the result of a consensus of the United Nations General Assembly and entails a strong commitment by states to enforce it.

It is therefore politically binding and as such includes a series of principles and rights based on existing human rights standards enshrined in other international instruments which are legally binding such as the International Covenant on Civil and Political Rights.

In response to this and encouraged by national civil society and the international community, states have developed internally applicable laws. These include legislation aimed at bringing national law into line with their obligations, and others which create national protection mechanisms or implement the measures they propose. Some states have established programmes or offices to protect human rights defenders and others have even considered the possibility of adopting the declaration itself as a binding piece of national legislation.

We can now turn to case studies that best reflect the mechanisms used by states to improve the protection of human rights defenders.