Abstract

Human rights defenders play a crucial role in promoting the realisation of human rights and, in doing so, are often subject to human rights violations.The article explores who can be a human rights defender and particularly looks at the definition of defenders derived from Article 1 of the Declaration on Human Rights Defenders. The definition is broad and vague, as it concerns anyone who fights for human rights and fundamental freedoms. Recognising that the scope of the Declaration was uncertain, in 2004 the Office of the United Nations High Commissioner for Human Rights published Fact Sheet 29 in an attempt to provide guidance on how to approach it. The Fact Sheet establishes three requirements to be a defender; however, the definition remains problematic. The aim of the article is to show through examples that the requirements are themselves so vague that they could provoke misunderstandings, thereby limiting the effectiveness of the Declaration and to propose alternative interpretative approaches.