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The Special Rapporteur's vision of the mandate 2017, para. 84
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- The mandate presents a unique opportunity and challenge to explore and identify specific solutions and to mobilize public opinion and support in order to promote and protect civic space both nationally and globally. The Special Rapporteur will seek out and provide for such opportunities and challenges, to the very best of her knowledge, ability and future efforts.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 27
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- The Human Rights Council has reaffirmed those principles through a number of resolutions. Most recently, on 23 June 2017, it adopted resolution 35/21 on the contribution of development to the enjoyment of all human rights. In the resolution, the Council recognized the common aspiration of the international community to build a shared future for human beings and affirmed that development contributed significantly to the enjoyment of all human rights. It called upon all countries to realize people-centred development of the people, by the people and for the people, and called upon all States to enhance international cooperation and to spare no effort in promoting sustainable development, in particular while implementing the 2030 Agenda for Sustainable Development, as it was conducive to the overall enjoyment of human rights. The Council also welcomed further efforts to promote development initiatives with the aim of promoting partnerships, win-win outcomes and common development.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 25
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- In the Universal Declaration of Human Rights, human rights were recognized as the foundation of freedom, justice and peace. In the unanimously adopted Vienna Declaration and Programme of Action, democracy, development and respect for human rights and fundamental freedoms were evoked as interdependent and mutually reinforcing.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 17
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- At the same time, the global attack on labour rights has made it disturbingly clear that the old ways of defending workers' rights are no longer working. Our world and its globalized economy are changing at lightning pace, and it is critical that the tools we use to protect labour rights adapt just as quickly. A first step towards that goal is to obliterate the antiquated and artificial distinction between labour rights and human rights generally. Labour rights are human rights, and the ability to exercise those rights in the workplace is a prerequisite for workers to enjoy a broad range of other rights, whether economic, social, cultural, political or otherwise.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 96
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- Religious leaders in particular must make greater efforts to foster dialogue and tolerance between their followers, with other religious communities and with non-religious communities. They should unequivocally condemn the use of violence and make it clear that those who use or advocate violence are not legitimately acting in the name of their faith.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 51
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- The International Covenant on Civil and Political Rights provides that States must respect assembly and association rights and ensure that all people within their territory and jurisdiction enjoy them, without distinction of any kind, through law, the provision of remedies and effective enforcement. States must also refrain from violating rights recognized by the Covenant, and are accountable for violations of those rights when the infringement occurs as a result of its failure to secure the right in domestic law and practice. The desire to maximize economic profit or create attractive investment climates does not lower the obligations and responsibilities of the State. The Covenant also obliges States to combat discrimination by private actors, including in employment.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 55
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- The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights both explicitly protect the right to form and join trade unions. International human rights law also imposes upon States a duty to actively promote, encourage and facilitate the enjoyment of fundamental rights, including labour rights (A/70/266, para. 4). Further, the notion that States should promote trade unionism among workers is implicit in the International Covenant on Economic, Social and Cultural Rights. States must take measures to ensure that third parties do not interfere with union rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 56
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- The Special Rapporteur is gravely concerned about States that place excessive restrictions on people's ability to practise the religion of their choice, or that pressure people to abstain from practising a religion altogether. Such restrictions clearly impact on enjoyment of article 18 of the International Covenant on Civil and Political Rights, which protects the right to freedom of thought, conscience and religion. But restrictions on the ability to form religious associations and/or to join religious gatherings also directly implicate the rights to freedom of peaceful assembly and of association. In the Special Rapporteur's view, States cannot claim to uphold assembly and association rights when they criminalize freedom of religious (or irreligious) expression and thought. The right to believe and express thoughts freely is a precondition for the exercise of the rights to freedom of peaceful assembly and of association; the latter rights simply allow like-minded people to express themselves collectively.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 20
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- The obligation to protect is recognized in international human rights law instruments as well as by international and regional human rights bodies. For example, States parties to the International Convention on the Elimination of All Forms of Racial Discrimination are required to take action against all propaganda and all organizations that are based on ideas or theories of racial or ethnic superiority. The measures include declaring illegal and prohibiting such organizations and activities that promote and incite racial discrimination. This provision obligates States to take action directly against non-State actors that promote or incite racial discrimination.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 16
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- The rights to freedom of peaceful assembly and of association are fundamental worker rights. Since they enable people to voice and represent their interests, they are key to the realization of both democracy and dignity, to holding Governments accountable and to empowering human agency. These rights are also a means to level the unequal relationship between workers and employers, thereby helping workers correct abuses and gain access to fair wages, safe working conditions and a collective voice.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 61
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- In Malaysia, Islam is the official religion, and the Constitution protects the right of non-Muslims to "profess and practice" his or her religion. However, the Special Rapporteur has received complaints that organizations that promote more liberal interpretations of Islam have been harassed by the Government, notably by the Wilayah Persekutuan Religious Council (a religious policing institute administered within the Prime Minister's department).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 88
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- The Special Rapporteur agrees with the United Nations High Commissioner for Human Rights that Member States must move away from a "hard security" approach, focusing instead on human rights and on "promoting resilience" in communities, so that people "feel they have space to freely express themselves and fully participate in political life and public affairs".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 58
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- States have the primary role in preventing or halting violations of workers' rights to freedom of peaceful assembly and of association, with clear obligations to protect, promote, facilitate and fulfil those rights, even in the global economy. Yet workers' ability to exercise their rights is in precipitous decline. Many States place obstacles, both in law and practice, that restrict workers' rights or fail to enforce laws protecting those rights. The International Trade Union Confederation found that 50 of 141 countries surveyed had such restrictions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 95
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- Workers are entitled to the rights to freedom of peaceful assembly and of association regardless of their status within a country. Further, those rights are central to ensuring that workers can claim their rights to just and favourable conditions of work in the face of structural obstacles that keep them and their issues marginalized.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98iii
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- [The Special Rapporteur recommends that States:] Ensure that the rights to freedom of peaceful assembly and of association can be exercised in the workplace by everyone without discrimination on the basis of type of work, employment, workplace, enterprise or sector, immigration status or other limitations contrary to international law and standards;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 17
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- The values of pluralism, tolerance and broadmindedness are at the core of any successful and stable democratic State. Indeed, the European Court of Human Rights has stated that there can be no democracy without pluralism. The Special Rapporteur has previously noted (see A/HRC/26/29, para. 31) that the rights to freedom of peaceful assembly and of association are so fundamental in part because of their crucial role in promoting pluralism. They provide a platform for all people - including those at the margins - in any society to mobilize, organize, and work towards change in a peaceful manner.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 91
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- The Special Rapporteur emphasizes that the rights to freedom of peaceful assembly and of association are due to everyone without distinction. This includes both those who hold fundamentalist views and those who hold differing views. The rights to freedom of peaceful assembly and of association play a key role in promoting tolerance, broadmindedness, diversity and pluralism. States must walk a fine line in balancing the rights of various groups and must ensure that one group is not favoured, either in policy or in practice. Such rights must therefore not only be protected but also facilitated.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 81
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- People have an instinctive need to take part in the societies in which they live - to have some control over their destinies, to voice their discontents and to improve their lives. This need has only been magnified in our age of abundant information, where people are even more acutely aware of the injustices that plague our world. People today are more connected, more informed of their rights, and probably more emboldened to seize those rights than at any other time in history. They have a vision for the world that they live in and they want to take part in it. The Special Rapporteur believes that this desire to engage and improve is fundamentally positive, and is one of the important driving factors in human progress. But in order for this desire to be productive and peaceful, people must be given the right tools.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 57
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- ILO, as the only global tripartite institution, plays a unique role in setting standards on fundamental principles and rights at work. Core ILO labour conventions include the Freedom of Association and Protection of the Right to Organize, 1948 (No. 87), which calls on States to prevent discrimination against trade unions, protect employers' and workers' organizations against mutual interference and promote collective bargaining; and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), which protects workers who are exercising their right to organize, upholds the principle of non-interference between workers' and employers' organizations and promotes voluntary collective bargaining. These foundational rights are essential to the protection of other core labour rights. ILO signatory States are obliged to respect principles of freedom of association whether or not they have ratified the appropriate conventions. The ILO Decent Work Agenda calls on countries to respect core conventions, provide for social protection, create decent jobs and engage in genuine social (tripartite) dialogue. Also of relevance, the ILO Domestic Workers Convention, 2011 (No. 189) sets standards for the effective promotion and protection of domestic workers' human rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 41
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- Taking a more inclusive approach to civil society engagement is not just about States abiding by their international human rights obligations. It also brings practical benefits to society by providing an outlet for people to constructively and peacefully contribute on issues that affect their lives.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 25
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- States' positive duty to "protect" by proactively taking measures to prevent violations includes refraining from acquiescing to or enabling violations, and promoting an environment where all groups are guaranteed equal rights, regardless of the popularity of their views.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 54
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- Both trade unions and the right to strike are fundamental tools to achieving workers' rights, as they provide mechanisms through which workers can stand up for their interests collectively, and engage with big business and government on a more equal footing. The State is obligated to protect these rights for all workers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 21
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- Informal work is often characterized by poor employment conditions, low wages and lack of protection against non-payment of wages, layoffs without notice or compensation, compulsory overtime, unsafe and unhealthy working conditions, and the absence of social benefits such as health insurance, sick leave, pensions or social security. Because they are generally outside the framework of labour law protection, informal workers have little access to justice and less opportunity to assemble, form or join unions, or bargain for higher wages or better working conditions. Their lack of fundamental rights leaves them with little ability to hold accountable those who have power over them and strips them of the power to change their conditions. States, working with employers, are choosing who is or is not covered by union rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 97
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- Despite that, States generally prioritize economic and corporate interests at the expense of workers' rights, a counterproductive approach that exacerbates poverty and inequality. This situation must be urgently addressed, both to allow people to exercise their rights and to ensure the viability of the world's economic system. In this spirit, the Special Rapporteur calls upon States, multilateral organizations, businesses and other stakeholders to commit themselves to creating the best possible enabling environment for the exercise of the rights to freedom of peaceful assembly and of association in the workplace. The Special Rapporteur proposes the following recommendations as steps towards realizing those goals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 18
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- The values of pluralism and tolerance also lie at the heart of the International Covenant on Civil and Political Rights. Article 2 (1) requires each State party "to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Furthermore, article 20 (2) prohibits advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 13
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- Disenfranchisement is the shared condition of these workers and predominates across countries and global supply chains. Whether intentional or not, the legal environment for these workers promotes labour markets that fundamentally depend on powerless workers and a low-wage environment. Employers and others who evade the law and disrespect standards gain a competitive advantage over compliant employers, at the cost of workers' rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 53
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- There is no shortage of attention given to religious fundamentalism today, particularly the issue of religiously motivated terrorism. The Special Rapporteur is greatly alarmed by the rise of extremism and terrorism by groups that mobilize religious ideologies, such as Islamic State in Iraq and the Levant, Boko Haram and others, and views this as among the most troubling problems facing the world today.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
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Comparative study of enabling environments for associations and businesses 2015, para. 21
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- The Special Rapporteur's analysis is based on the premise that States have an obligation under international law to take measures to both protect and promote the rights to freedom of peaceful assembly and of association. Restrictions on these rights must be strictly motivated by the limited concerns which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. As stated by the Human Rights Committee, where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of these rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
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Comparative study of enabling environments for associations and businesses 2015, para. 53
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- Likewise, there is no basis in international human rights law for imposing more burdensome reporting requirements upon associations than upon businesses. Justifications such as protecting State sovereignty or ensuring aid effectiveness are not legitimate bases under the International Covenant on Civil and Political Rights. Even legitimate State interests, such as protecting national security, should not be used to justify excessive intrusion. Restrictions on the right to freedom of association must be based on individualized and identifiable suspicion, not upon pre-emptive suspicion of an entire sector.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
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Comparative study of enabling environments for associations and businesses 2015, para. 106
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- He believes that these differences are motivated more by politics than practicality. Economic and commercial interests are prized over what are perceived as non-economic activities. Consequently, the influence and opinions of industry take precedence in State policy over social justice and fundamental rights. This approach ignores the fact that a vibrant civil society is essential for sustainable economic development, and that businesses benefit from an empowered civil society sector.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2015
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