80. States have been called on to “strengthen their judicial systems and ensure the existence of effective remedies for those whose rights and freedoms are violated”.114 Such remedies must be accessible and fully effective.115 OSCE participating States have affirmed the right to seek and receive adequate legal assistance as part of an effective remedy.116 81. The UN Human Rights Committee has also emphasized that such remedies should be appropriately adapted so as to take into account the special vulnerability of certain categories of people.117 The UNGA has stressed that impunity for violations and abuses against women human rights defenders remain of particular concern owing to several factors, including a lack of reporting, documentation, investigation and access to justice, as well as social barriers and constraints with regard to addressing gender-based violence, including sexual violence and the stigmatization that may result from such violations.118 Participating States should therefore take proactive steps to ensure that women human rights defenders and other groups of human rights defenders at particular risk have effective access to justice, for example by providing these groups legal aid and other support.119 82. Furthermore, the UN Human Rights Committee has stated that “the right to an effective remedy may in certain circumstances require States Parties to provide for and implement provisional or interim measures to avoid continuing violations and to endeavour to repair at the earliest possible opportunity any harm that may have been caused by such violations.”120 In any case, human rights defenders (and/ or their families) who have been subjected to violence and other abuses have a right to obtain appropriate reparation. 83. The term reparation is commonly defined as including restitution, compensa- tion, rehabilitation, satisfaction and guarantees of non-repetition. If possible, the situation of the victim before the violation should be restored by restitution. If that is not possible, compensation should be provided for any damage that can be 114  Committee of Ministers on Council of Europe action to improve the protection of human rights defenders and promote their activities, para. 2(iii). 115  See, for example, UN Human Rights Committee General Comment No. 31, para. 15, which states that “in addition to effective protection of Covenant rights States Parties must ensure that individuals also have accessible and effective remedies to vindicate those rights.” For OSCE human dimension commitments related to legal remedies for those who claim that their human rights and fundamental freedoms have been violated, see, for example: Vienna 1989, para. 13.9; Paris 1990; Copenhagen 1990, para. 11; Ljubljana 2005; and Helsinki 2008. 116  Copenhagen 1990, para. 11. 117  Human Rights Committee General Comment No. 31, para. 15. 118  See UNGA Resolution A/RES/68/181, 18 December 2013, preambular para. 10. 119  For example, the Committee on the Elimination of Racial Discrimination (CERD) has recommended in its Concluding Observations on Sweden that the state party, with a view to guaranteeing remedies to victims of discrimination, “implement the measures proposed by the Ombudsman in order to provide financial assistance to individuals and associations to facilitate litigation in discrimination cases (…) and strengthen the legal aid system.” See Committee on the Elimination of Racial Discrimination, “Concluding Observations: Sweden”, UN Doc. CERD/C/SWE/CO/19-21, 23 September 2013, para. 21. 120  UN Human Rights Committee General Comment No. 31, para. 19. 50 Guidelines on the Protection of Human Rights Defenders

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