Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 16
Paragraph- Paragraph text
- The Special Rapporteur emphasizes that only "certain" restrictions may be applied, which clearly means that freedom is to be considered the rule and its restriction the exception. He refers to general comment No. 27 (1999) of the Human Rights Committee on freedom of movement: "in adopting laws providing for restrictions … States should always be guided by the principle that the restrictions must not impair the essence of the right ... the relation between right and restriction, between norm and exception, must not be reversed". As a result, when States would like to restrict these rights, all the above conditions must be met. Any restrictions must therefore be motivated by one of the above limited interests, have a legal basis (be "prescribed by law", which implies that the law must be accessible and its provisions must be formulated with sufficient precision) and be "necessary in a democratic society".
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
- Reference
- SR Freedom of Assembly, Report to the HRC (2012), A/HRC/20/27, para. 16.
- Paragraph number
- 16
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