by the organization. In this regard, the IACHR notes that the instant case does not center its analysis on isolated
events, but rather on a sequence of alleged violations of human rights from 1990 to the present.
B.
Rights to personal integrity, freedom of thought and expression, and freedom of association
(Articles 5(1),496 13(1),497 and 16(1)498 of the American Convention, in relation to Article 1(1)
thereof)
1.
General considerations
1.1.
Characterization of human rights defenders
261. Both the IACHR and the Court have underscored the work carried out by human rights defenders,
considering it “fundamental for the strengthening of democracy and the Rule of Law.”499 In addition, the
Organization of American States has indicated that the member states should recognize the “valuable
contribution [of defenders] to the promotion, observance, and protection of fundamental rights and
liberties.”500
262. The IACHR has determined that “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.”501 In this same regard, the Court has considered that the definition of human rights defender lies
in the work carried out, regardless of whether the individual acts as a private individual or as a public
servant.502
263. In this vein, the Court has referred to the monitoring, reporting, and education503 work done by human
rights defenders, pointing out that the defense of human rights is not limited to civil and political rights, but
necessarily involves economic, social, and cultural rights […] in accordance with the principles of universality,
indivisibility, and interdependence.504
264. At the same time, there is international consensus that human rights defenders work to promote and
protect human rights, among other things. The United Nations High Commissioner for Human Rights has
suggested that human rights defenders are characterized by the work they do rather than by other qualities. To be
considered a human rights defender, a person must protect or promote any right or rights of persons or groups of
persons.505
265. Additionally, Article 1 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
provides that:
Article 5(1): Every person has the right to have his physical, mental, and moral integrity respected.
This right includes the freedom to seek, receive, and impart
information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium
of one’s choice.
498 Article 16(1): Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or
other purposes.
499 I/A Court H.R. Case of Human Rights Defender et al. v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs. Judgment of August
28, 2014. Series C No. 283, paragraph 128. IACHR, Report on the Situation of Human Rights Defenders in the Americas OEA/Ser.L/V/II.124.
Doc. 5 rev.1, March 7, 2006, paragraph 13.
500 Organization of American States, “Human Rights Defenders in the Americas, Support for the Individuals, Groups, and Organizations of Civil
Society Working to Promote and Protect Human Rights in the Americas,” AG/Res. 1671 (XXIX-O/99) of June 7, 1999.
501 IACHR, Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124. Doc. 5 rev.1, March 7, 2006,
paragraph 13.
502 I/A Court H.R. Case of Luna López v. Honduras. Merits, Reparations, and Costs. Judgment of October 10, 2013. Series C No. 269, paragraph 122.
503 I/A Court H.R. Case of Kawas-Fernández v. Honduras. Merits, Reparations, and Costs. Judgment of April 3, 2009. Series C No. 196, paragraph
147.
504 I/A Court H.R. Case of Kawas-Fernández v. Honduras. Merits, Reparations, and Costs. Judgment of April 3, 2009. Series C No. 196, paragraph
147.
505 United Nations Office of the High Commissioner for Human Rights, Human Rights Defenders: Protecting the Right to Defend Human Rights,
Fact Sheet No. 29, 2004, p. 8.
496
497 Article 13(1): Everyone has the right to freedom of thought and expression.
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