Conducive legal, administrative and institutional framework 45. Participating States have a positive obligation to adopt legislative, administrative and other appropriate measures to create and consolidate a safe and enabling environment that empowers human rights defenders to exercise freely their right to defend human rights. In accordance with Article 3 of the UN Declaration on Human Rights Defenders, domestic law provides the juridical framework for implementation of all human rights and fundamental freedoms, including the right to defend human rights. As such, it must be consistent with the international obligations of the state in the field of human rights.60 Furthermore, it should be well crafted through a broad and inclusive consultative process. 46. In particular, as the UN Human Rights Council has stressed, states should “ensure that all legal provisions and their application affecting human rights defenders are clearly defined, determinable and non-retroactive in order to avoid potential abuse”.61 In a recent report to the Human Rights Council, the UN Special Rapporteur on the situation of human rights defenders expressed regret that legislation is used in a number of countries to restrain the activities of human rights defenders and criminalize them, in breach of international human rights law and standards (for further details see the section on Protection from judicial harassment, criminalization and arbitrary arrest and detention below).62 47. Therefore, participating States should review, in consultation with civil society and with technical advice from relevant international agencies, all legislation relevant to the exercise of the right to defend human rights, and should amend or repeal any laws that are not in conformity with international standards. In doing so, they should be guided by and implement the opinions of international institutions such as the European Commission for Democracy through Law (the Venice Commission of the Council of Europe), the OSCE/ODIHR and the OSCE Representative on Freedom of the Media. They should also review relevant policies, practices and the functioning of the overall administrative and institutional framework, and take appropriate measures to eliminate any impediments to the exercise of the right to defend human rights. 60  Article 3 of the UN Declaration reads: “Domestic law consistent with the Charter of the United Nations and other international obligations of the State in the field of human rights and fundamental freedoms is the juridical framework within which human rights and fundamental freedoms should be implemented and enjoyed and within which all activities referred to in the present Declaration for the promotion, protection and effective realization of those rights and freedoms should be conducted.” See also para. 3 of the UN Human Rights Council Resolution A/HRC/RES/22/6, which stressed “that legislation affecting the activities of human rights defenders and its application must be consistent with international human rights law, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and guided by the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and, in this regard, condemns the imposition of any limitations on the work and activities of human rights defenders enforced in contravention of international human rights law”. 61  A/HRC/RES/22/6, para. 11. 62  See the report of the UN Special Rapporteur on the situation of human rights defenders, A/HRC/25/55, 23 December 2013, para. 64. 38 Guidelines on the Protection of Human Rights Defenders