ABSTRACT

This chapter undertakes analysis of the nine key rights of the Declaration on human rights defenders’ legal regime: the right to be protected, the right to freedom of assembly, the right to freedom of association, the right to access and communicate with international bodies, the right to freedom of opinion and expression, the right to protest, the right to develop and discuss new human rights ideas, the right to a remedy, and the right to access funding. These rights are instrumental and based in binding human rights. Their limits can be only allowed under the clauses on human rights and the conditions of necessity and proportionality. Even in circumstances of conflict is necessary to consider it under the terms of derogation prescribed by law. Authorities shall take all necessary measures to ensure individual protection and in association with others without arbitrary arrest or detention, against any violence or threats. The construction of dissent is not a banal question. Using human rights such as freedom of association, freedom of assembly or protest at the light of freedom of expression is necessary for pluralism and democracy. The limit of abuse of rights applies with different responsibilities on individuals and institutions.