This thesis is a comprehensive study of the issue of international legal regulation of the status of human rights defenders. Chapter 1 describes the international legal acts at the universal and regional levels regulating certain aspects of the status of human rights defenders. Based on their analysis, it was established that in the issue of identifying a person as a human rights defender, it is not their occupation, status or skills, but the human rights nature of the activity that matters. It is noted that the 1998 Declaration on Human Rights Defenders does not create new rights, but rather emphasises the importance of the work of human rights defenders and sets out how these rights are applied. It is summarised that international legal acts of a universal nature focus considerable attention on the protection of human rights defenders. Particular attention is paid to the protection of women human rights defenders, defenders of environmental human rights, those, who are fighting corruption and working in the field of protection of the rights of migrants, asylum seekers and refugees.
At the international regional level, the acts on the situation of human rights defenders adopted within the EU, the CoE, the OSCE, the AU, the OAS etc. It is established that the regional international instruments are based on the provisions of the 1998 Declaration, use the concept of "human rights defenders" as defined in the Declaration and are aimed primarily at ensuring their safety.
Chapter 2 deals with the issues of ensuring the right to freedom of assembly and association, freedom of expression and the right to defence in the context of the activities of human rights defenders. Attention is paid to the right to protection of human rights defenders, including women human rights defenders. Violations and restrictions of these rights and freedoms are described, and the practice of UN supervisory bodies on this issue is presented. It is emphasised that violations of the rights of human rights defenders are usually part of a system aimed at their intimidation, putting an end to critical statements, weakening their organisational structures and preventing others from engaging in human rights activities.
Chapter 3 focuses on the universal and regional institutions of a general and special nature, which are competent to protect human rights defenders. It emphasises the role of the UN statutory bodies (the GA, the ECOSOC), which are making efforts to develop and improve the universal legal framework for the regulation and protection of human rights of this category of persons. At the same time, the auxiliary institutions created by them strengthen the directions of cooperation.
Among the regional bodies, attention is paid to the human rights institutions of the CoE, in particular, the importance of the ECtHR is emphasised, its practice in cases of human rights defenders is presented; the procedure for investigating alleged reprisals against human rights defenders as a result of their interaction with the CoE, the High Commissioner for Human Rights of the CoE is described. Within the OSCE, the role of ODIHR, the Focal Point for Human Rights Defenders and national human rights institutions is outlined.
At the EU level, attention is focused on the role of institutions, in particular: The European Commission, the EU Parliament, which provide financial and legal support to human rights defenders and develop a comprehensive EU policy on human rights defenders and actively contribute to its formation. The possibility for human rights defenders to seek protection from the CJEU and the ECtHR is outlined, given that EU member states are parties to the 1950 ECHR, and the Union's obligation to accede it is enshrined in the 2007 Lisbon Treaty (Article 6).
It is noted that any person, including human rights defenders, has the right to apply also to the bodies and officials authorised to consider relevant issues within their competence (the EU Agency for Fundamental Rights, the Ombudsman, the European Data Protection Board etc.) The article also notes the contribution of the Union to the creation of "specialised" structures, including: The EU Mechanism for Human Rights Defenders, the Monitoring Platform, the EU Temporary Relocation Platform etc.
Among the regional human rights mechanisms, attention is also paid to activities in the field of protection of human rights defenders within the frameworks of: The IACHR, the IACtHR, Rapporteurship on Human Rights Defenders of the IACHR, the Special Rapporteur for Freedom of Expression, the ACHPR etc. Attention is focused on the activities of international non-governmental and national human rights organisations (networks) that are empowered to protect human rights defenders, including FIDH, OMCT and the Observatory for the Protection of Human Rights Defenders launched by them; Amnesty International, Front Line Defenders etc. Relevant conclusions and recommendations are made.
