Violence

The United Nations human rights mechanisms and civil society organizations have documented a prevalence of violence, killings, and threats against human rights defenders in many parts of the world.

The latest report from the Special Rapporteur on the situation of human rights defendersxv shows that states are failing to protect defenders from attacks by both state and non-state actors. It also indicates that killings often happen in the context of structural violence, inequality, and impunity. Most of the human rights defenders’ who are victims of this violence are working on environmental issues, including land rights, impacts of business activities, and rights of indigenous peoples. Women human rights defenders and children are also affected. Reports show that children who act for human rights often experience violence and stigmatization solely because they are children. They are also used as targets to deter others, especially their families, from acting for human rights. The killing of human rights defenders is an attack on the individual and on the broad civic space. States must ensure protective measures that secure human rights defenders’ right to life.

Articles in the UN DHRD

Art 12.2

The State shall take all necessary measures to ensure the protection, by the competent authorities, of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.

Examples in other International Human Rights Instruments

United Nations Declaration on the Rights of the Indigenous Peoples

Art 22.2

States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

Art 7.1

Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.

Universal declaration of human rights

Art 3

Everyone has the right to life, liberty and the security of person.

International covenant on civil and political rights

Art 6.1

Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

Art 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (...)

Art 9.1

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

International convention on the elimination of all forms of racial discrimination

Art 5

(b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution.

Art 5.b

The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution.

Convention on the rights of persons with disabilities

Art 15.1

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his or her free consent to medical or scientific experimentation.

Art 16.1

States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities, both within and outside the home, from all forms of exploitation, violence and abuse, including their gender-based aspects.

International convention on the protection of the rights of all migrant workers and members of their families

Art 10

No migrant worker or member of his or her family shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Art 16.1

Migrant workers and members of their families shall have the right to liberty and security of person.

Art 16.2

Migrant workers and members of their families shall be entitled to effective protection by the State against violence, physical injury, threats and intimidation, whether by public officials or by private individuals, groups or institutions.

Convention on the rights of the child

Art 6

1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.