A.2. Considerations of the Court
128. On several occasions, this Court has acknowledged the work carried out by human
rights defenders, considering it “fundamental for the strengthening of democracy and the
Rule of Law.” 219 Moreover, the Organization of American States has called on its Member
States to recognize the “valuable contribution [of defenders] to the promotion, protection
and respect for fundamental human rights and freedoms […].” 220
129. This Court considers that the status of human rights defender is defined by the
work carried out, regardless of whether the person is a private citizen or a public
servant. 221 In this regard, the Court has referred to the monitoring, reporting and
education activities 222 carried out by human rights defenders, emphasizing that the
defense of rights not only applies to civil and political rights, but also necessarily covers
economic, social and cultural rights, according to the principles of universality, indivisibility
and interdependence. 223 Furthermore, this Court recognizes that international consensus
exists that, among other activities, human rights defenders are involved in the promotion
and protection of human rights. Similar views have been expressed by the United Nations
High Commissioner for Human Rights, 224 the Council of the European Union, 225 the
Parliamentary Assembly of the European Union 226 and the Inter-American Commission on
Human Rights. 227 Likewise, Article 1 of the Declaration on the Right and Responsibility of
219
Case of Valle Jaramillo et al. v. Colombia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C. 192, para. 87, and Case of Castillo González, Merits. Judgment of November 27, 2012. Series C No. 256,
para. 124.
220
Cf. Organization of American States, “Human Rights Defenders in the Americas: support for individuals,
groups and civil society organizations working to promote and protect Human Rights in the Americas, AG/Res. 1671
(XXIX-O/99) of June 7, 1999, Available at: http://www.oas.org/dil/esp/ag01249s08.doc; AG/Res. 1711 (XXX-O/00)
of June 5, 2000, Available at: http://www.oas.org/dil/esp/ag01511s07.doc and AG/Res. 2412 (XXXVIII-O/08) of
June 3, 2008, Available at: https://www.oas.org/dil/esp/AGRES_2412.doc.
221
Cf. Case of Luna López v. Honduras. Merits, Reparations and Costs. Judgment of October 10, 2013. Series
C No. 269, para. 122.
222
Cf. Valle Jaramillo et al. v. Colombia, supra, para. 88; Case of Kawas Fernández v. Honduras. Merits,
Reparations and Costs. Judgment of April 3, 2009. Series C No. 196, para. 147, and Case of Fleury et al. v. Haiti.
Merits and Reparations. Judgment of November 23, 2011. Series C No. 236, para. 80.
223
Cf. Case of Kawas Fernández v. Honduras, supra, para. 147.
224
The United Nations High Commissioner for Human Rights has suggested that the status of human rights
defender is determined by the person’s actions and not by other qualifications. Human rights defenders can be any
person or group of persons working to promote human rights. See, Office of the United Nations High Commissioner
for Human Rights, Human Rights Defenders: Protecting the Right to Defend Human Rights, Fact Sheet No. 29, UN
publications,
Geneva,
2004,
page
8.
Available
at
http://www.ohchr.org/Documents/Publications/FactSheet29sp.pdf, and Special Rapporteur on the Situation of the
Human
Rights
Defenders,
“Who
is
a
Defender”,
Available
at:
http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/Defender.aspx.
225
The European Union Guidelines on Human Rights Defenders have defined the term human rights defenders
as “persons, groups and institutions of society that promote and protect universally recognized human rights and
fundamental freedoms.” See, Council of the European Union. European Union Guidelines on Human Rights
Defenders, December 8, 2008, para. 3. Available at: http://www.consilium.europa.eu/uedocs/cmsUpload/16332re02.es08.pdf.
226
The Parliamentary Assembly of the Council of Europe has stated that “Human Rights Defenders are all
those persons who, individually or jointly, act to promote or protect human rights. Their activities in this field define
them as human rights defenders”. See, Parliamentary Assembly of the Council of Europe, The situation of human
rights defenders in Council of Europe Member States, Resolution 1660, April 28, 2009, point 2. Available at:
http://assembly.coe.int/ASP/XRef/X2H-DW-XSL.asp?fileid=17727&lang=en.
227
The Inter-American Commission has stated: “every person who in any way promotes or seeks the
realization of human rights and fundamental freedoms, nationally or internationally, must be considered a human
rights defender.” See IACHR, Report on the Situation of Human Rights Defenders in the Americas.
OAS/Ser.L/V/II.124
Doc.
5
rev.
1
March7,
2006,
para.
13,
Available
at:
http://www.IACHR.org/countryrep/defensores/defensorescap1-4.htm#UNIDAD, and Second Report on the Situation
Human Rights Defenders
in
the Americas,
OAS/Ser.L/V/II. Doc.66, para.
12, Available at:
http://www.oas.org/es/IACHR/defensores/docs/pdf/defensores2011.pdf. See, also, IACHR, Guarantees for the
independence of justice operators, of December 5, 2013, para. 2. In that report, the Commission stated that: “As
the Special Rapporteur of the United Nations on the Situation of Human Rights observed, when justice
operators work to ensure effective access to justice and make ‘a special effort’ in a process so that justice is
imparted independently and impartially, thereby guaranteeing the rights of victims, it can be said that they act
as human rights defenders.” Under that perspective, and within the context of the Inter-American Commission,
the Rapporteurship on Human Rights Defenders has been the focal point for following and monitoring the
situation of justice operators, in recognition of the special function that they, as guarantors of the right of
access to justice and redress, perform in the defense of human rights.” Available at:
http://www.oas.org/es/IACHR/defensores/docs/pdf/Operadores-de-Justice-2013.pdf.
40
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