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 violation in their country of origin or habitual residence must not be returned to those countries.
239. Crossing borders: When travelling to another participating State, human rights
defenders should not be subjected to border checks that are disproportionate and
that fail to respect their dignity. In some participating States, however, the use
of practices intended to intimidate and harass at border crossings persist, with
reports suggesting that human rights defenders are sometimes singled out. Such
practices include disproportionate body searches, the requirement to remove
clothing or excessive luggage searches. Reported instances of harassment of
human rights defenders when crossing borders also include the confiscation, without explanation, of leaflets, brochures, publications and other hand-out materials
that are needed to carry out human rights activities. Furthermore, when crossing
borders, human rights defenders have also faced arbitrary confiscation of equipment, including IT equipment with private data. Such practices may amount to
undue interference in the right to freedom of expression, the right to seek and
impart information or the right to private life and should be eliminated.
240. Border checks should be carried out in such a way as to fully respect human dig-
nity and the principles of proportionality and non-discrimination. In this regard,
participating States have pledged “[to] promote co-operation between their border services, customs authorities, agencies issuing travel documents and visas,
and law enforcement and migration agencies, as well as other competent national
structures”, with a view to promoting “dignified treatment of all individuals wanting to cross borders, in conformity with relevant national legal frameworks, international law, in particular human rights, refugee, and humanitarian law, and relevant OSCE commitments”.345 In accordance with this commitment, everyone,
including women human rights defenders and those belonging to vulnerable or
minority groups, such as national, ethnic, religious, linguistic and sexual minorities and persons with disability, among others, should be treated with respect at
border checks, including when body searches are conducted, and must not be subjected to humiliating or degrading treatment because of their identity, physical
appearance or other factors.
345 Ljubljana 2005, “Border Security and Management Concept: Framework for Co-operation by the OSCE
Participating States”, paras. 4 and 4.5. In line with this commitment, Article 6 of the Schengen Border Code
Regulation, for example, also stipulates that “border guards shall, in the performance of their duties, fully
respect human dignity, in particular in cases involving vulnerable persons” and only take measures that are
proportionate and non-discriminatory. See Regulation (EC) No. 562/ 2006 of the European Parliament and the
Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), 15 March 2006.
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Guidelines on the Protection of Human Rights Defenders
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