used to spread and fuel hatred against human rights defenders who belong to or are
associated with such groups. Moreover, measures in place to combat incidences of
incitement to discrimination, hostility or violence against human rights defenders, where such acts are motivated by intolerance towards a particular social
group to which the human rights defender belongs or is associated with, often lack
effectiveness.
125. In general, stigmatization and smear campaigns create an atmosphere that pro-
vokes verbal or physical attacks against human rights defenders and encourages
their harassment and persecution, thereby putting their security at risk.
126. The UN Human Rights Council has urged states “to acknowledge publicly the
important and legitimate role of human rights defenders in the promotion of human
rights, democracy and the rule of law as an essential component of ensuring their
protection, including by respecting the independence of their organizations and
by avoiding the stigmatization of their work”.174 The Human Rights Council has
invited leaders in all sectors of society and respective communities, including
political, social and faith leaders, and leaders in business and media, to express
public support for the important role of human rights defenders and the legitimacy
of their work.175
127. Manifestations by state or non-state actors that meet the threshold of advocacy
to hatred on national, racial or religious grounds, and which constitute incitement
to discrimination, hostility or violence, must be prohibited by law, as required by
Article 20 of the ICCPR.176 As the UN Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression has pointed out, such
laws must be carefully construed and applied by the judiciary to ensure that they
do not curtail legitimate types of expression in contravention of Article 19 of the
ICCPR.177
128. In order to combat incitement to national, racial or religious hatred, including when
directed against human rights defenders, such laws should be complemented by
appropriated awareness-raising and capacity-building measures as recommended,
174 UN Human Rights Council Resolution A/HRC/RES/22/6, preamble.
175 Op. cit. A/HRC/RES/22/6, para. 18. Likewise, in its resolution on women human rights defenders the
UNGA also invited military leaders to publicly express support for the role of women human rights defenders in
particular (see A/RES/68/181, para. 15). Concerning the impact of racist, sexist and other types of bias among
representatives of state authorities, including law enforcement agencies and judicial officials, on the political
will to condemn, investigate and prosecute instances of threats and violence directed at human rights defenders working on minority rights and gender issues, see also the section on “Criminalization and arbitrary and
abusive application of legislation” above.
176 In accordance with their obligation under Article 20 of the ICCPR, OSCE participating States have committed to “take effective measures, including the adoption, in conformity with their constitutional systems
and their international obligations, of such laws as may be necessary, to provide protection against any acts
that constitute incitement to violence against persons or groups based on national, racial, ethnic or religious
discrimination, hostility or hatred, including anti-semitism”. See Copenhagen 1990 para. (40.1); see also
Geneva 1991.
177 Report of Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, UN Doc. A/67/357, 7 September 2012, para. 76 and 77.
Guidelines on the Protection of Human Rights Defenders
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