• Human rights defenders working on specific human rights issues in the field of
civil and political rights, including in electoral contexts, on the protection of
fundamental freedoms such as the rights to freedom of opinion and expression,
assembly and association, the right to form, join and participate in trade unions,
religious freedom and conscientious objection from military service, as well as
those working against militarism and promoting peace and security;
• Human rights defenders working on economic, social and cultural rights, health,
environmental or land issues and corporate accountability, and those defending
the rights of socially-excluded and marginalized people – including the poor or
homeless, drug users and people with HIV/AIDS – and of people facing exploitation, including children and trafficked people;
• Human rights defenders operating in rural or remote areas, contested or unrecognized territories and in ongoing or post-conflict situations, as well as those
working on human rights in humanitarian crises or emergencies and in electoral
contexts.
17. Participating States should acknowledge that, depending on the specific circum-
stances in their countries, certain groups of human rights defenders are at particular risk. As such, states should take account of the specific needs of these groups
in terms of any measures aimed at ensuring their protection and the promotion of
their work.
Nature of state obligations
18. In line with their OSCE commitments, the international human rights treaties that
they have ratified and other duties under international law, states have both positive and negative obligations, namely the obligation to respect human rights, as
well as the obligation to protect and to fulfil those rights.
19. Concerning positive and negative obligations under the ICCPR, the UN Human
Rights Committee has stated that the ICCPR requires that states refrain from violations of the rights recognized in the Covenant, but also that they take appropriate measures and exercise due diligence to prevent, punish, investigate or redress
harm caused by acts of private persons or other entities. Furthermore, they are
required to adopt legislative, judicial, administrative, educative and other appropriate measures in order to fulfil their legal obligations under the ICCPR.24
20. The obligation to respect, protect and fulfil human rights also applies to the rights
of those who defend human rights. This means that states have not only to refrain
from acts that would violate the rights of human rights defenders, but that they
have to take appropriate steps towards protecting human rights defenders, as well
as reactive and preventive measures towards creating a safe and enabling environment in which human rights defenders can conduct their human rights activities
24 UN Human Rights Committee, General Comment No. 31, “The Nature of the General Legal Obligation Imposed on States Parties to the Covenant”, UN Doc. CCPR/C/21/Rev.1/Add.13, 26 May 2004, paras. 6-8.
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Guidelines on the Protection of Human Rights Defenders
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