75. Participation mechanisms and procedures should be inclusive, reflective of the
diversity of human rights defenders and should take account of the situation of
those with specific needs or from marginalized groups, to ensure their participation on an equal basis.
H. Freedom of movement and human rights work within and across borders
76. States should recognize the importance of human rights work within and across
borders and should fully comply with their commitments and relevant international standards concerning freedom of movement, including when human rights
defenders leave or enter a country and when they move within their own country
or seek to do so for the purpose of human rights work.
77. Everyone has the right to leave any country, including their own. Any restrictions
on this right must be prescribed by law, necessary to achieve a legitimate aim as
set out in relevant international human rights standards and proportionate to that
aim. Furthermore, no one shall be arbitrarily deprived of the right to return to their
own country.
78. Travel bans on human rights defenders that prevent them from leaving the country
and are imposed solely for reasons related to their human rights work are inconsistent with international standards. Other measures which in practice have the
same effect are similarly incompatible. Human rights defenders who are denied
the right to leave their country because their name appears on a list of individuals
not permitted to leave the country should have the right to know about and challenge such lists and have their names promptly removed from them if there is no
lawful justification for their appearance on such lists.
79. Everyone lawfully within the territory of a state has the right to freedom of move-
ment within that territory. Human rights defenders must not face any restrictions
to that right beyond what is permissible under relevant international human rights
standards. The state should effectively ensure freedom of movement of human
rights defenders across its territory, including to remote regions, as required to
effectively pursue their human rights activities. This should include, wherever
possible, access to autonomous regions and disputed territories for the purpose of
human rights monitoring and reporting, as well as other human rights activities.
States should also facilitate access to relevant sites, such as places where assemblies or protests are held and places where people are deprived of their liberty, for
the purpose of human rights monitoring and reporting.
80. In recognition of the importance of freedom of movement and contacts among
people in the context of the protection and promotion of human rights and fundamental freedoms, states should also aim at facilitating visits by NGOs from other
states for the purpose of participating in meetings, advocacy and other human
rights activities.
16
Guidelines on the Protection of Human Rights Defenders
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