243. Participating States have reiterated “the right to the protection of private and fam-
ily life, domicile, correspondence and electronic communications.” Furthermore,
they have stated that, “[i]n order to avoid any improper or arbitrary intrusion by
the State in the realm of the individual, which would be harmful to any democratic
society, the exercise of this right will be subject only to such restrictions as are
prescribed by law and are consistent with internationally recognized human rights
standards.”349
244. Effective protection against unlawful and arbitrary interference with one’s privacy
is of particular importance for human rights defenders not only because they are
often at risk of such interference due to their work, but also because respect for
the right to privacy is instrumental for the exercise of the right to defend human
rights in a number of ways. For example, the UNGA has recognized that the exercise of the right to privacy is important for the realization of the right to freedom
of expression and to hold opinions without interference, and is, therefore, one of
the foundations of a democratic society.350 The UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has stated
that undue interference with an individuals’ privacy can directly and indirectly
limit the free development and exchange of ideas.351
245. Human rights defenders across the OSCE region remain at risk of being targeted by
unlawful and arbitrary interference with their privacy. They often report instances
of abusive control and surveillance of their work and private life by the security
sector, including phone and online communications, which in some cases is used
to discredit them both personally and in terms of their work.352 Such interference
can also include unlawful or arbitrary raids and searches of homes and offices or of
personal possessions when travelling, arbitrary or intrusive body searches, filming
and recording individuals in their private sphere, as well as other forms of surveillance which are unlawful, disproportionate or otherwise arbitrary.
246. A s regards searches of a person’s home, the Human Rights Committee has stated
that these “should be restricted to a search for necessary evidence and should not
be allowed to amount to harassment”.353 In addition, it found that in the absence
of any explanation from the state party, the search of a home without an arrest
349
Moscow 1991, para. 24.
350 UNGA Resolution 68/167, “The right to privacy in the digital age”, UN Doc. A/RES/68/167, adopted on
18 December 2013, preamble.
351 See Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression, UN Doc. A/HRC/23/40, 17 April 2013, para. 24.
352 See “Human rights and the security sector. Round-table with human rights defenders, organised by the
Office of the Council of Europe Commissioner for Human Rights”, Kyiv 30-31 May 2013, CommDH(2013)17, 17
September 2013, paras. 14 and 49.
353
112
See General Comment No. 16, para. 8.
Guidelines on the Protection of Human Rights Defenders
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