ABSTRACT
Human rights defenders must be free to exercise or not to exercise their right to promote and protect human rights. This right is a right of action and freedom of thought of individuals, groups, and organs of society; but neither a duty nor a substitute of public action. The main duty on human rights remains with the state. Domestic law must be consistent with the United Nations Charter and the Human Rights Treaties. Despite being international law, the UN Charter and treaties do a constitutional function. Individuals hold the right to promote and protect human rights. They have limits based in individual responsibility: hate speech, multilevel clauses of instrumental rights, respect of international humanitarian law, and abuse of rights. The right to promote and protect human rights is not grounded on the entitlement of this right but on the exercise of it. This challenges international and constitutional law because this right and legal subject do not rely on citizenship and sovereignty. Instead, the exercise differs from person to person, but the right to promote and protect human rights is universal. Without a definition, the criteria set in 1998 must be fulfilled to have the status of human rights defender.
