The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 32
Paragraph- Paragraph text
- In the light of the fact that political parties have a decision-making role in ensuring pluralism and the proper functioning of democracy, a presumption in favour of formation of political parties means that adverse decisions should be strictly justified in accordance with the standards established by article 22 of the International Covenant on Civil and Political Rights in relation to proportionality and necessity in a democratic society. As for the right to freedom of peaceful assembly, the Special Rapporteur believes that the proportionality and necessity test should be stricter in times of elections. In 2011, concerns were expressed about the case of a few Saudi citizens who submitted a request for recognition of what could have been Saudi Arabia's first political party, and who were a few days later arrested and requested to sign an undertaking that they would renounce their activities with the party. Those who refused to do so were placed in detention. The Special Rapporteur considers this to be an example of a blatant violation of the right to freedom of association. By all means, political parties whose applications have been rejected should be provided the opportunity to seek remedy before an independent and impartial court (A/HRC/20/27, paras. 60-61).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
- Reference
- SR Freedom of Assembly, Report to the UNGA (2013), A/68/299, para. 32.
- Paragraph number
- 32
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