gender- and diversity-sensitive approach should be mainstreamed into all activities to strengthen the protection of human rights defenders.
10. Conducive legal, administrative and institutional framework: Domestic legal,
administrative and institutional frameworks should contribute to creating and
consolidating a safe and enabling environment, in which human rights defenders
are protected, supported and empowered to carry out their legitimate activities.
Domestic laws, regulations, policies and practices must be compatible with OSCE
commitments and international human rights standards. They must be sufficiently
precise to ensure legal certainty and prevent them from being arbitrarily applied.
The institutional framework must guarantee the fundamental principle of fairness
and due legal process.
11. Legality, necessity and proportionality of limitations on fundamental rights in
connection with human rights work: International human rights instruments only
allow for limitations on certain rights and only if limitations have a formal basis
in law and are necessary in a democratic society in the interest of one of the prescribed grounds. Furthermore, they must be proportionate and compatible with
other fundamental human rights principles, including the prohibition of discrimination. International human rights mechanisms have emphasized that the scope
for permissible limitations must generally be interpreted narrowly. The fact that
the right to defend human rights is instrumental for the achievement of all other
rights further narrows the scope for permissible limitations. The threshold to meet
the principles of necessity and proportionality of any such limitations can be considered particularly high.
II. PHYSICAL INTEGRITY, LIBERTY AND SECURITY AND DIGNITY OF
HUMAN RIGHTS DEFENDERS
A. Protection from threats, attacks and other abuses
12. State institutions and officials must refrain from any acts of intimidation or repri-
sals by threats, damage and destruction of property, physical attacks, torture and
other ill-treatment, killing, enforced disappearance or other physical or psychological harm targeting human rights defenders and their families. Participating
States also have a duty to protect human rights defenders from such acts by nonstate actors and to take steps to prevent abuses. Public authorities should publicly
condemn such acts and apply a policy of zero tolerance.
Impunity and effective remedies
13. All allegations of such acts must be promptly, thoroughly and independently
investigated in a transparent manner. The existence of independent and effective
oversight mechanisms to investigate complaints about abuses by police and other
state officials and their accessibility to human rights defenders are an essential
Guidelines on the Protection of Human Rights Defenders
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