Honduras

The Law, adopted in 2015, along with its Bylaw, adopted 2016, are fairly comprehensive as compared to the Model Law, with some rights missing.

Law for the Protection of the Defenders of Human Rights, Journalists, Social Communicators and Judicial Officers of 2015 and its General bylaw

Type of instrument: Law and Protection Mechanism
Status: (as of 1 January 2022)
Law adopted on 15 May 2015
Bylaw adopted on 16 August 2016.

Comments on the instrument:
The Law is fairly comprehensive as compared to the Model Law. Disappointingly, some important rights of human rights defenders are not explicitly included (such as the rights to privacy, freedom of movement and freedom from reprisals), while some catch-all provisions provide a basis for broad interpretation: article 2 establishes that the purpose of the Law is to recognise, promote and protect the rights of human rights defenders contained in ‘international instruments’; article 3.1 indicates that the law should be interpreted in an expansive manner.

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

 


Comparison to the Model Law

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

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision

Covered?

Analysis / articles

Definition of Human Rights Defender

FULL

5.1

Right to promote and protect human rights and fundamental freedoms

FULL

1

Right to Form Groups, Associations, and Organisations

FULL

4.2

Right to Solicit, Receive and Utilise Resources

FULL

4.17

Right to freedom of expression and to seek, receive and disseminate Information

FULL

4.7, 4.8

Right to access and cooperate with NGOs, government organisations and international organisations

FULL

4.5, 4.11

Right to participate in public affairs

FULL

4.9, 4.10, 4.11

Right to Peaceful Assembly

FULL

4.1

Right to represent and advocate

FULL

4.15

Right to freedom of movement

PART

2, 3.6, 5.10, 5.12, 11, 32.4

Right to Privacy

PART

11, 36

Freedom from intimidation or reprisal

FULL

2, 3.6, 4.18, 5.7, 6, 11

 BL: 2.11

Freedom from defamation and stigmatisation

FULL

2, 3.6, 4.18, 5.7, 11 

BL: 4.5, 10.5, 54

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders

FULL

2, 6, 7, 8, 9, 53

Obligation to facilitate the activities and work of human rights defenders 

FULL

3.2, 4.6, 4.14

Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal

FULL

3.1, 3.11, 4.3, 53

Obligation to investigate, provide an effective remedy and ensure reparation

FULL

4.12, 4.13 / 2.15 BL

Mechanism on the protection of human rights defenders established in the instrument?
Mechanism established through this law, in article 19.

Provision

Covered?

Articles

Cooperation with human rights defenders, civil society, and national and international human rights bodies

FULL

13-15, 21, 52, 53

Training of mechanism’s personnel on human rights and fundamental freedoms

FULL

23, 24.9, 31

 BL:  2.3, 2.5, 11, 13, 16, 18, 20, 22, 24

Periodic reviews with independent experts and CSOs on the functioning of the Mechanism

FULL

16, 24.5, 29.7, 35.6

Resources for adequate functioning of the Mechanism / transparency on resource usage 

FULL

19, 58, 59, 60, 64, 65, 66

Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)

FULL

1, 11, 14, 18 / BL: 4

Disseminate information on protection programmes for human rights defenders, Mechanism’s work

FULL

30.2

Development of protocols and guidelines based on best practices to protect human rights defenders

FULL

24.4-24.8, 33, 36, 38, 62

Assist investigations for prosecuting offences against human rights defenders

PART

29.9, 29.11, 51

Granting of protective measures based off a specific risk assessment

FULL

14, 24.6, 29, 32, 36-53

Review / appeal of Mechanism decision before courts or independent authority

FULL

54 / BL: 15.8, 28.5, 35.10, 60-63

Confidentiality and personal data protection

FULL

3.15, 31, 60, 61 / BL: 2.17

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

14, 15, 24.3-24.6

BL: 10.5

Quick access

2015 law   general bylaw