Türkiye

The proposed law is comprehensive and appropiately adapts the Model Law, with only a few notable absences.

Proposal for a Law on the Recognition and Protection of Human Rights Defenders

Type of instrument: Law
Status: (as of 1 November 2024): Proposed to Parliament

Comments on the instrument: The instrument does a great job of adapting the Model Law. The only concerning aspects are:

Lack of recognition of the right to freedom of movement of HRDs and of the right to appeal the decisions of the Protection Mechanism.
No recognition that, when the competent authority is unwilling or unable to conduct an investigation on a possible violation of the rights of an HRD, the State shall request assistance from external bodies.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No

Mechanism on the protection of human rights defenders established in the instrument?
Yes

Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on Türkiye, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument (as compared to the Model Law):

Provision	Covered?	Analysis / articles
Definition of Human Rights Defender	FULL	2(1.ç)
Right to promote and protect human rights and fundamental freedoms	FULL	3(1)
Right to Form Groups, Associations, and Organisations	FULL	3(2)
Right to Solicit, Receive and Utilise Resources	FULL	3(3)
Right to freedom of expression and to seek, receive and disseminate Information	FULL	3(4.a-ç), 4(3)
Right to access and cooperate with NGOs, government organisations and international organisations	FULL	3(6), 3(7)
Right to participate in public affairs	FULL	3(8)
Right to Peaceful Assembly	FULL	3(9)
Right to represent and advocate	FULL	3(10)
Right to freedom of movement	NONE
Right to Privacy	FULL	3(11)
Freedom from intimidation or reprisal	FULL	3(12)
Freedom from defamation and stigmatisation	FULL	3(13)

State obligations regarding human rights defenders in the instrument?

Provision	Covered?	Analysis / articles
Obligation to respect, promote, protect and fulfil rights of human rights defenders	FULL	4(1,2)
Obligation to facilitate the activities and work of human rights defenders	FULL	4(2)
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	4(5,6)
Obligation to investigate, provide an effective remedy and ensure reparation	PART	4(7,8)

Mechanism on the protection of human rights defenders established in the instrument? Yes, starting in Article 5

Provision	Covered?	Analysis / articles
Cooperation with human rights defenders, civil society, and national and international human rights bodies	FULL	5(1),5(2.b,ç,j), 5(3-5)
Training of mechanism’s personnel on HR and fundamental freedoms	FULL	4(9), 5(7.2)
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism	FULL	5(4)
Resources for adequate functioning of the Mechanism / transparency on resource usage	FULL	4(10), 6
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)	FULL	4(2.d, 3), 5(1.ç, 2.i)
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	FULL	5(2.i)
Development of protocols and guidelines based on best practices to protect human rights defenders	NONE
Assist investigations for prosecuting offences against human rights defenders	FULL	5(1.b, 2.d)
Granting of protective measures based off a specific risk assessment	FULL	5(2.ç,ğ,h)
Review / appeal of Mechanism decision before courts or independent authority	NONE
Confidentiality and personal data protection	FULL	5(3)
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	FULL	5(2.e,f,g,i)