Press & civil society
UN Declaration on Human Rights Defenders (1998): What It Says
The UN Declaration on Human Rights Defenders is the common name of 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, which the UN General Assembly adopted on 9 December 1998 as resolution 53/144. It has 20 articles. They state that everyone has the right, individually and in association with others, to promote and strive for the protection of human rights, and that each State has the prime responsibility and duty to protect those rights.
How was the Declaration adopted?
The General Assembly adopted it at its 85th plenary meeting on 9 December 1998. The resolution records that the Commission on Human Rights approved the draft text in resolution 1998/7 of 3 April 1998, and that the Economic and Social Council recommended it for adoption in resolution 1998/33 of 30 July 1998.
The resolution notes the importance of adoption in the context of the fiftieth anniversary of the Universal Declaration of Human Rights. It invites governments, UN agencies and intergovernmental and non-governmental organisations to intensify efforts to disseminate the Declaration and promote universal respect for it. The UN Special Rapporteur on human rights defenders states that the text was adopted by consensus.
Which rights does it list?
The Declaration does not create a new catalogue of rights. It spells out how existing rights apply to people who work for human rights, whether professionally or not. Most of the operative articles begin with the phrase that everyone has the right "individually and in association with others".
The table lists the main provisions.
| Article | What it provides |
|---|---|
| 1 | Right to promote and strive for the protection and realization of human rights at national and international levels |
| 5 | Rights to meet or assemble peacefully, to form, join and participate in NGOs, associations or groups, and to communicate with NGOs and intergovernmental organisations |
| 6 | Rights to seek, obtain, receive and hold information on human rights, to publish and impart views on them, and to draw public attention to them |
| 7 | Right to develop and discuss new human rights ideas and principles and to advocate their acceptance |
| 8 | Right to participate in government and public affairs, including by submitting criticism and proposals to public bodies |
| 9 | Right to an effective remedy, to complain, to attend public hearings and to offer legal assistance |
| 12 | Right to participate in peaceful activities against violations, and State duty to protect against violence, threats and retaliation |
| 13 | Right to solicit, receive and utilize resources for promoting and protecting human rights by peaceful means |
Source: UN General Assembly resolution 53/144
What must States do?
Article 2 gives each State the prime responsibility and duty to protect, promote and implement all human rights, including by adopting the legislative, administrative and other steps needed to guarantee the rights in the Declaration effectively. Article 9 requires a prompt and impartial investigation whenever there is reasonable ground to believe a violation has occurred in territory under its jurisdiction.
Article 12 is the protection clause: the State shall take all necessary measures to ensure protection by the competent authorities of everyone against any violence, threats, retaliation, adverse discrimination, pressure or other arbitrary action as a consequence of the legitimate exercise of the Declaration's rights. Article 14 adds duties to promote public understanding of rights, and to support independent national institutions such as ombudsmen or human rights commissions.
Article 15 makes the State responsible for promoting the teaching of human rights at all levels of education and for ensuring that training for lawyers, law enforcement officers, armed forces personnel and public officials includes human rights elements. Article 10 adds that no one shall be punished or subjected to adverse action for refusing to take part in violating human rights, and Article 16 recognises the role of individuals and non-governmental organisations in public awareness through education, training and research.
What limits and duties does it set?
Article 3 makes domestic law consistent with the UN Charter and other international human rights obligations the framework within which these activities are conducted. Article 17 allows only limitations that are in accordance with applicable international obligations and determined by law, solely to secure due recognition of the rights of others and to meet the just requirements of morality, public order and the general welfare in a democratic society.
Article 18 states that everyone has duties towards and within the community, and that individuals, groups and NGOs have a role and responsibility in safeguarding democracy. Article 19 excludes any right to act for the destruction of the rights the Declaration protects, and Article 20 states that nothing in it permits States to support activities contrary to the UN Charter. Article 4 adds that nothing in the Declaration restricts or derogates from the Universal Declaration of Human Rights, the International Covenants or other applicable instruments. The Special Rapporteur mandate on human rights defenders works within the framework of the Declaration, using communications to governments, country visits and annual reports.
