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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 58b
- Paragraph text
- [The Special Rapporteur calls upon States in times of elections:] To ensure that the rights to freedom of peaceful assembly and of association are enjoyed by everyone, any registered or unregistered entities, including women, those victims of discrimination because of their sexual orientation and gender identity, youth, persons belonging to minorities, indigenous peoples, non-nationals, including stateless persons, refugees or migrants, and members of religious groups, as well as activists advocating economic, social, and cultural 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
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Youth
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 22
- Paragraph text
- Article 21 of the International Covenant on Civil and Political Rights recognizes that the right to freedom of peaceful assembly should be enjoyed by everyone, as provided for by article 2 of the Covenant and resolutions 15/21, 21/16 and 24/5 of the Human Rights Council. Importantly, in its resolution 24/5, the Council reminded States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote those rights. Despite this, some Member States have laws that contain explicitly discriminatory provisions prohibiting assemblies by certain groups.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 23
- Paragraph text
- In Malaysia, for example, the Peaceful Assembly Act 2012 prohibits people under the age of 21 from organizing a public demonstration. Children under the age of 15 cannot even participate. Migrants and non-citizens may also face undue restrictions on their assembly rights. The same Act explicitly divests non-citizens of their right to organize or participate in a peaceful assembly. Article 33 of the Constitution of Mexico states that foreigners "may not in any way participate in the political affairs of the country", a provision that can be interpreted as prohibiting the rights of non-citizens to engage in peaceful assemblies. Similarly, article 354 of the Constitution of Myanmar extends the right of assembly only to citizens.
- 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
- Children
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 25
- Paragraph text
- In the case of non-citizens and migrants, the Special Rapporteur notes that international law does allow for some citizenship-related limitations on certain political rights, such as voting rights and the ability to hold political office. It is however precisely for that reason that States should ensure that migrants are not stripped of other fundamental rights, particularly assembly rights. An individual's lack of citizenship or legal status does not mean that she or he should have no voice whatsoever in the political, economic or social affairs of her or his country of residence. In a sense, groups that are disenfranchised from mainstream political activities, such as voting and holding office, have an even greater need for alternative means to participate in the public sphere. Peaceful assemblies are an important tool for allowing the voices of otherwise excluded groups to be heard.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 37
- Paragraph text
- The Special Rapporteur has found that citizenship and residency status frequently affect assembly rights, often by design. As noted above, a number of States, including Singapore, Malaysia and Myanmar, formally deny the right to freedom of peaceful assembly to non-citizens. The Special Rapporteur finds no basis in international law for completely divesting non-citizens of their assembly rights. The right to freedom of peaceful assembly is particularly important for non-citizens and migrants, who may lack other mechanisms with which to advance their political, social and economic interests.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 52
- Paragraph text
- The Special Rapporteur notes that requirements to obtain prior authorization before gatherings related to the exploitation of natural resources - such as information sessions, consultations, public hearings and the like - not only infringe on the right to freedom of peaceful assembly, they also impede the right of affected communities to access information and participate in decision-making. In Uganda, non-governmental organizations working on oil issues are reportedly required by authorities to seek permission, in particular from the Ministry of Energy and Mineral Development before they can meet with grassroots communities, although the authorities have made efforts to remedy this situation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 62
- Paragraph text
- The Special Rapporteur further decries the discriminative and disproportionate use of immigration laws by States to deny residence or work permits to staff of associations that are critical of the Government or that express views that are unpopular with the Government.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] Internally displaced persons have the same rights and freedoms under international and domestic law as other persons in the country and, in particular, have the right to associate freely and participate equally in community 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
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] Refugees lawfully staying in a country are entitled, in relation to the right to freedom of association, to the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.
- 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
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98v (b)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures, including affirmative measures, to ensure that workers in vulnerable situations have the ability to exercise effectively their assembly and association rights. Such measures should include: Removing impediments to freedom of movement and access to justice (for example, provide temporary immigration status while rights violations are being investigated);
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 101ii
- Paragraph text
- [The Special Rapporteur recommends that the International Labour Organization:] Enhance policies and programmes to ensure that workers in vulnerable situations, including migrant workers, domestic workers, workers from minority groups and workers in the informal economy, can exercise their 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)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 50
- Paragraph text
- The rights to freedom of peaceful assembly and of association are recognized in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 84
- Paragraph text
- Another issue of concern brought to the attention of the Special Rapporteur by many civil society activists is the inhospitable visa regimes in countries where multilateral organizations are located, such as Switzerland and the United States of America.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 13
- Paragraph text
- Resolution 15/21 reaffirms that "everyone has the rights to freedom of peaceful assembly and of association" (emphasis added). This provision must be read jointly with article 2 of the International Covenant on Civil and Political Rights, which stipulates that "each State Party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the 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"(emphasis added)., and article 26 thereof, which guarantees to all individuals equal and effective protection against discrimination on grounds identified in article 2. This applies inter alia to minors, indigenous peoples, persons with disabilities, persons belonging to minority groups or other groups at risk, including those victims of discrimination because of their sexual orientation and gender identity (see Council resolution 17/19), non-nationals including stateless persons, refugees or migrants, as well as associations, including unregistered groups. The rights to freedom of peaceful assembly and of association are key human rights in international human rights law, which are enshrined in article 20 of the Universal Declaration of Human 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
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 15
- Paragraph text
- The significance of equal protection of the rights to peaceful assembly and association in the context of elections for everyone is heightened in the context of elections because of the potential for the exacerbation of vulnerabilities during this period. The Special Rapporteur notes the inclination of actors in the electoral contest to exploit racial, ethnic, religious, political, national or social origin, among other distinctions explicitly prohibited in article 2 of the International Covenant on Civil and Political Rights, with a view to excluding opponents. He emphasizes that these rights are guaranteed for everyone on the basis of equality (A/HRC/20/27, para. 13), and that States therefore have the obligation to offer effective protection against discrimination. In the context of elections, any temporary measures designed to enhance the ability of marginalized groups or groups most at risk to exercise their rights, such as women, victims of discrimination because of their sexual orientation and gender identity, youth, persons belonging to minorities, indigenous peoples, non-nationals, including stateless persons, refugees or migrants, and members of religious groups, as well as activists advocating economic, social, and cultural rights, and used as a mechanism to level the playing field, do not constitute discrimination.
- 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
- Ethnic minorities
- Persons on the move
- Women
- Youth
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90f
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Facilitate the issuance of visas for those seeking to engage with multilateral bodies based on their territory;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98viii
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensuring the availability of effective judicial or other appropriate remedies for the violation of peaceful assembly and association rights that are available to all and are not subject to migration status;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98ix
- Paragraph text
- [The Special Rapporteur recommends that States:] Devoting particular attention to protecting and promoting the assembly and association rights of migrant workers, who by virtue of their immigration status may lack other mechanisms with which to advance their political, social and economic interests;
- 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
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 39
- Paragraph text
- Problems can arise even in States where the assembly rights of non-citizens are protected by law. The Special Rapporteur has received reports that in Cyprus, for example, some private employment contracts prohibit migrants from engaging in political activity, effectively depriving that group of their right to peacefully assemble (and freely associate). Although provisions contained in private employment contracts do not represent direct restrictions from the State, the State does have an important and pivotal role in prohibiting such restrictions, that is, by rejecting such restrictions as valid contractual terms under domestic law. The Special Rapporteur recalls that Member States have a responsibility to facilitate and protect the right to freedom of peaceful assembly. States should closely examine their role in supporting, even if inadvertently, private restrictions on that right. State mechanisms and institutions must not be used to enable private actors to abrogate fundamental rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 47
- Paragraph text
- Other practices not directly related to the right to freedom of peaceful assembly may also be used as leverage to keep certain groups from freely exercising such right. Those practices include the expulsion of students from universities for participating in peaceful protests (for example, in Chile), the arrest and detention of, and excessive use of force against, peaceful Tibetan students calling for freedom to study the Tibetan language (China), the threat of revocation of residency, refugee or asylum status for participating in peaceful demonstrations, the existence of institutional obstacles that prevent demonstrators from receiving competent legal assistance if charged with an assembly-related crime (including the harassment and intimidation of lawyers who provide such assistance), and the threat of termination of employment (and legal residency status linked to employment in some circumstances) for participating in peaceful protests, for foreigners and migrants.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
20 shown of 20 entities