Americas: the Esperanza Protocol by CEJIL

“The Esperanza Protocol project was developed to provide a timely and effective solution in addressing threats faced by human rights defenders, journalists, and others tasked with preserving democracies and the full enjoyment of human rights across the world, with a special focus on the investigation of threats. Esperanza means hope in Spanish and expresses the possibility of inspiring change and illuminating the possibilities of social transformation and justice that human rights defenders pursue. In this spirit, we propose a path forward.

This initiative is led by the Center for Justice and International Law (CEJIL) with support from several organizations, human rights defenders, and experts.”

“The aim of this memorandum is to provide an overview of the international legal framework applicable to threats against human rights defenders and the relevant jurisprudence in international law that undergirds it. This memorandum draws from various sources of international human rights law, including conventions, treaties, jurisprudence of treaty monitoring bodies, jurisprudence of regional mechanisms like the Inter-American Court and Commission of Human Rights, the European Court of Human Rights, and the African Commission of Human Rights, and a variety of soft law sources. There is widespread acknowledgement in the body of law under analysis that threats violate the human rights of HRDs and give rise to a diversity of obligations on the State. While there is minimal divergence among jurisdictions, some areas of jurisprudence are better developed in certain jurisdictions as compared with others. However, taken collectively, they present a comprehensive framework of international and regional legal norms that set out the State’s obligation to prevent and protect HRDs against threats.”

Find the original document here in English or Spanish (CEJIL).