Open AccessORGANIZATIONAL AND LEGAL MECHANISM OF PROTECTION OF HUMAN RIGHTS DEFENDERS AT THE INTERNATIONAL REGIONAL LEVEL
Author(s) -
Karolina Varnavskaya
Publication year - 2020
Publication title -
vìsnik harkìvsʹkogo nacìonalʹnogo unìversitetu ìmenì v.n. karazìna. serìâ pravo
Language(s) - English
Resource type - Journals
ISSN - 2075-1834
DOI - 10.26565/2075-1834-2020-30-18
Subject(s) - human rights , international human rights law , fundamental rights , political science , right to property , law , linguistic rights , reservation of rights , charter , international law , united nations charter , politics , security council
. The issue of protecting and promoting respect for fundamental human rights and freedoms guaranteed by the International Charter is firmly on the international agenda. Although the primary responsibility for ensuring human rights rests with States as key actors in international law, human rights defenders play an important role in this area. The activities of human rights defenders, whose right «individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels» enshrined in United Nations Declaration 53/144 (1998), often involve significant risks. For example, human rights defenders themselves often fall victim to human rights abuses. Such cases not only violate the human rights of human rights defenders, but also pose a threat to a democratic society and the rule of law in general. The existence of such a situation requires an effective and timely response from states and international organizations, in particular at the international regional level.The main results of the study. The article analyzes the provisions of international regional legal acts (African Union, Organization of American States, Council of Europe, Organization for Security and Cooperation in Europe etc.) on the situation of human rights defenders. It is noted that the United Nations Declaration on Human Rights Defenders (1998) serves as a model act in this area. The article emphasizes the need to develop and adopt within regional organizations acts on the legal status of human rights defenders and guarantees of their activities, which take into account the specifics of the geographical region. It is also noted that at the international regional level there are relevant monitoring bodies (Special Rapporteur on the Situation of Human Rights Defenders, Commissioner for Human Rights, Rapporteur on Human Rights Defenders and Justice Operators etc.), whose functions are to study the legal status of human rights defenders, collect information on violations human best practices in combating such violations.Results. The legal basis for the status of human rights defenders and guarantees of their activities at the international regional level (AU, OAS, OSCE, CoE, etc.) is based on the UN Declaration on Human Rights Defenders (1998). At the same time, the adopted regional acts (resolutions, declarations, guidelines, etc.) enshrine guarantees and measures to protect the rights of human rights defenders, taking into account the specifics of the geographical region, cultural characteristics, traditions, religion. In addition, special monitoring bodies and procedures have been established within regional organizations to investigate human rights violations of the defenders, develop recommendations to states to prevent and eradicate such violations, and generalize and disseminate best practices in this area.