Human Rights Defenders And The Law

This book assesses the construction, operation and effects of the international protection regime for human rights defenders, which has evolved significantly over the last twenty years in response to the risks people face as they promote and protect human rights. Drawing upon the experiences of human rights defenders who continue to persevere in their activism in Indonesia, Egypt, Kenya, Mexico and Colombia, this edited collection examines the ways in which formal protection mechanisms by state and civil society actors intersect with self-protection measures and informal protection initiatives by families and friends. It highlights that protection practices are most effective when they are designed to address the specific risks that human rights defenders face (which are gendered and intersectional); reflect how defenders understand ‘risk’, ‘security’ and ‘protection’; and are appropriate for the dynamic sociopolitical and legal contexts in which defenders operate. This book proposes ways in which the protection of human rights defenders at risk should be reimagined and practised. This book will be a thought-provoking guide for students and scholars of politics, international relations, law and human rights, as well as to practitioners engaged in the protection of human rights defenders at risk.

Human rights defenders – who by peaceful means advocate, mobilise and often put their lives at risk to defend the most fundamental freedoms of their fellow citizens – are key agents of change in their own societies and make a significant contribution to the international community's efforts to support democracy and human rights. Defenders often face serious threats and can experience harm by state and non-state actors. Since the United Nations General Assembly's adoption of the Declaration on Human Rights Defenders in 1998, there has been considerable effort to recognise and protect the right of individuals, groups and communities to promote and protect their own rights and the rights of others. Over time, a multi-level, multi-actor international protection regime for the rights of human rights defenders has emerged, which is based on existing rights derived from the international human rights regime. The authors in this book reflect on the positive developments that have emerged over time to strengthen the protection of defenders, as well as the debates, tensions and contestations in such practices. This collection provides a critical appraisal of the construction, function, ethical boundaries, and evolution of this protection regime, as well as its multi-scalar social and political effects. In particular, the authors consider the effectiveness of particular international and regional protection mechanisms for the protection of defenders, and examine the relationship between repression, activism, and tactics for managing risks in the face of danger. This book was originally published as a special issue of the International Journal of Human Rights.

"This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The work explores the development of the role of the individual in human rights protection since the 1998 United Nations Declaration on Human Rights Defenders. It locates the nature, activities and need for protection of human rights defenders within the current international legal framework and outlines the place and scope for a specific right to promote and protect human rights. It traces the origins of the right and the main international instruments that define it, both at national and international level. Finally, it considers the impact that the right to defend human rights can have on constitutional and international law. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law"--

This book assesses the construction, operation and effects of the international protection regime for human rights defenders, which has evolved significantly over the last twenty years in response to the risks people face as they promote and protect human rights. Drawing upon the experiences of human rights defenders who continue to persevere in their activism in Indonesia, Egypt, Kenya, Mexico and Colombia, this edited collection examines the ways in which formal protection mechanisms by state and civil society actors intersect with self-protection measures and informal protection initiatives by families and friends. It highlights that protection practices are most effective when they are designed to address the specific risks that human rights defenders face (which are gendered and intersectional); reflect how defenders understand ‘risk’, ‘security’ and ‘protection’; and are appropriate for the dynamic sociopolitical and legal contexts in which defenders operate. This book proposes ways in which the protection of human rights defenders at risk should be reimagined and practised. This book will be a thought-provoking guide for students and scholars of politics, international relations, law and human rights, as well as to practitioners engaged in the protection of human rights defenders at risk.

This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.

Focuses on understanding human rights as they really are and their proper role in international affairs.

How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.

Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.