81. Visa regimes and procedures should not impose undue obstacles for human rights
defenders to travel to another state for the purpose of their human rights work and
should be simplified as much as possible. States should consider practical measures to ensure that past arbitrary convictions, charges and arrests resulting from
human rights work do not lead to denials of or undue delays in the visa applications of human rights defenders. Furthermore, visa applications must be considered duly and without discrimination on any ground such as race, colour, gender,
language, religion, political or other opinion, national or social origin, property,
birth, age or other status.
82. Human rights defenders who are denied entry into a country because they have
been included on a national list that prohibits entry to one or a group of states
should be entitled to know about and appeal such prohibitions and entry bans
before the relevant authorities and courts.
83. States should support, including through their diplomatic missions, human rights
defenders who face imminent risks to their lives and well-being by temporarily
moving them to a safe environment when required and, if necessary, by issuing
emergency visas. In line with their obligations under international law, states
should also grant human rights defenders longer-term international protection in
the event that they have to flee their country for fear of persecution on account
of their human rights work. They must fully comply with their obligation under
international law not to return persons to countries where they face a real risk of
being subjected to violations of their right to life, to be free from torture and other
ill-treatment or other serious human rights violations.
84. Human rights defenders travelling to another state should not be subjected to bor-
der checks that are disproportionate or constitute a violation of their human rights.
Similarly, they should not be subjected to searches at the border, including body
searches that are disproportionate, fail to respect their dignity or are otherwise
arbitrary. Furthermore, when crossing borders, human rights defenders should
not face arbitrary confiscation of equipment, including IT equipment, private data
or information materials such as publications, leaflets and hand-outs, necessary
for carrying out their human rights activities.
I. Right to private life
85. States have a duty to refrain from any unlawful or arbitrary interference with the
privacy, family life, home or correspondence of human rights defenders, including
with their electronic communications, and to protect them from such interference
by others through legislative and other measures. Any interference with privacy,
family, home or correspondence must be provided for by law, necessary to achieve
a legitimate aim in accordance with international human rights standards and proportionate to that aim.
Guidelines on the Protection of Human Rights Defenders
17
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