80. States have been called on to “strengthen their judicial systems and ensure the
existence of effective remedies for those whose rights and freedoms are violated”.114 Such remedies must be accessible and fully effective.115 OSCE participating
States have affirmed the right to seek and receive adequate legal assistance as part
of an effective remedy.116
81. The UN Human Rights Committee has also emphasized that such remedies should
be appropriately adapted so as to take into account the special vulnerability of certain categories of people.117 The UNGA has stressed that impunity for violations
and abuses against women human rights defenders remain of particular concern
owing to several factors, including a lack of reporting, documentation, investigation and access to justice, as well as social barriers and constraints with regard
to addressing gender-based violence, including sexual violence and the stigmatization that may result from such violations.118 Participating States should therefore take proactive steps to ensure that women human rights defenders and other
groups of human rights defenders at particular risk have effective access to justice,
for example by providing these groups legal aid and other support.119
82. Furthermore, the UN Human Rights Committee has stated that “the right to an
effective remedy may in certain circumstances require States Parties to provide
for and implement provisional or interim measures to avoid continuing violations
and to endeavour to repair at the earliest possible opportunity any harm that may
have been caused by such violations.”120 In any case, human rights defenders (and/
or their families) who have been subjected to violence and other abuses have a
right to obtain appropriate reparation.
83. The term reparation is commonly defined as including restitution, compensa-
tion, rehabilitation, satisfaction and guarantees of non-repetition. If possible, the
situation of the victim before the violation should be restored by restitution. If
that is not possible, compensation should be provided for any damage that can be
114 Committee of Ministers on Council of Europe action to improve the protection of human rights defenders
and promote their activities, para. 2(iii).
115 See, for example, UN Human Rights Committee General Comment No. 31, para. 15, which states that “in
addition to effective protection of Covenant rights States Parties must ensure that individuals also have accessible and effective remedies to vindicate those rights.” For OSCE human dimension commitments related to legal
remedies for those who claim that their human rights and fundamental freedoms have been violated, see, for
example: Vienna 1989, para. 13.9; Paris 1990; Copenhagen 1990, para. 11; Ljubljana 2005; and Helsinki 2008.
116 Copenhagen 1990, para. 11.
117 Human Rights Committee General Comment No. 31, para. 15.
118
See UNGA Resolution A/RES/68/181, 18 December 2013, preambular para. 10.
119 For example, the Committee on the Elimination of Racial Discrimination (CERD) has recommended in its
Concluding Observations on Sweden that the state party, with a view to guaranteeing remedies to victims of
discrimination, “implement the measures proposed by the Ombudsman in order to provide financial assistance
to individuals and associations to facilitate litigation in discrimination cases (…) and strengthen the legal aid
system.” See Committee on the Elimination of Racial Discrimination, “Concluding Observations: Sweden”, UN
Doc. CERD/C/SWE/CO/19-21, 23 September 2013, para. 21.
120 UN Human Rights Committee General Comment No. 31, para. 19.
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Guidelines on the Protection of Human Rights Defenders
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