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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 36
- Paragraph text
- For instance, the obligation for associations to route funding through state channels; to report on all funds received from foreign sources and how these are allocated or used (e.g. Kyrgyz Republic); to obtain authorization from the authorities to receive or use funds (e.g. Jordan, Sudan) all constitute human rights violations. In some cases, not only does legislation providing for an authorization procedure not comply with international law, but the implementation of such strict provisions is also problematic For example, in Bangladesh, a human rights association encountered arbitrary delays greatly in excess of the legal 45-day period before receiving a response to an application for project approval from the NGO Affairs Bureau; in Egypt, a women rights association was granted approval for funding seven months after its request, which was far beyond the 60 days prescribed by law. In some other cases (e.g. Azerbaijan, Uganda, Zimbabwe), activists were subject to intimidation and sometimes physical assault aimed at forcing them to provide the names of their funding partners.
- 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
- Women
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 43
- Paragraph text
- The ability to hold peaceful assemblies is a fundamental and integral component of the multifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone. Such ability is of utmost importance to the work of civil society actors, including those promoting the realization of economic, social and cultural rights, as it enables them to publicly voice their message, which ultimately benefits the realization of the right(s) they strive to promote and protect, especially in the context of the ongoing dire economic crisis. This is all the more relevant for groups most at risk of violations and discrimination, such as women, youth, indigenous peoples, persons with disabilities, persons belonging to minority groups, groups at risk because of their sexual orientation and gender identity and non-nationals.
- 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
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 67
- Paragraph text
- In this connection, the IACHR stressed that "the competent institutions of the State have a duty to design operating plans and procedures that will facilitate the exercise of the right of assembly,.[including] rerouting pedestrian and vehicular traffic in a certain area". An assembly causes only a temporary obstruction to traffic, that is, a temporary interference with the rights and activities of others. The Special Rapporteur finds it troubling that in some States, street protests are forbidden under domestic legislation (Malaysia); it is prohibited for street marches to impede the movement of traffic and pedestrians (Belarus); mass gatherings are prohibited and subject to a heavy fine as they may, inter alia, disrupt traffic and transportation (Russian Federation); application to hold a peaceful assembly to celebrate International Peace Day was rejected by the authorities, allegedly because it would have, inter alia, disrupted traffic (Myanmar); women human rights defenders have repeatedly been arrested and detained for disrupting traffic during peaceful street marches (Zimbabwe).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 69
- Paragraph text
- Possible issues for discussion include an estimate of the number of participants expected; itinerary of the assembly, if it is not static; specific needs of persons with disabilities and groups at risk, such as women, indigenous peoples and groups who, due to their sexual orientation and/or gender identity may be in need of greater protection by the authorities; need to deploy properly trained and clearly identified stewards whose role is to provide assistance to organizers by, inter alia, informing and orienting the public during the event, but who should not be used to palliate deficiencies in the security apparatus. Importantly, when organizers cannot be identified due to the nature of certain assemblies (such as those convened through the Internet), the authorities must undertake such planning and be prepared to the same extent.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2013
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 12
- Paragraph text
- The rights to freedom of peaceful assembly and of association serve as a vehicle for the exercise of many other civil, cultural, economic, political and social rights. The rights are essential components of democracy as they empower men and women to "express their political opinions, engage in literary and artistic pursuits and other cultural, economic and social activities, engage in religious observances or other beliefs, form and join trade unions and cooperatives, and elect leaders to represent their interests and hold them accountable" (Council resolution 15/21, preamble). Such interdependence and interrelatedness with other rights make them a valuable indicator of a State's respect for the enjoyment of many other 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
- Men
- Women
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 47
- Paragraph text
- The Special Rapporteur further considers as best practices training materials developed with a view to preventing discriminatory treatment and measures against women, minors, persons with disabilities, indigenous peoples, individuals and groups of individuals belonging to minorities and other marginalized groups (e.g. Mexico, Serbia, Slovenia and Spain).
- 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
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 84b
- Paragraph text
- [The Special Rapporteur calls upon States:] To ensure that the rights to freedom of peaceful assembly and of association are enjoyed by everyone and any registered or unregistered entities, including women; youth; indigenous peoples, persons with disabilities, persons belonging to minority groups or groups at risk, including those victims of discrimination because of their sexual orientation and gender identity, non-nationals, 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 with disabilities
- Women
- Youth
- Year
- 2012
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. 10
- Paragraph text
- As a starting point, the Special Rapporteur acknowledges that groups most at risk share the experience of discrimination, unequal treatment and harassment. He describes those groups based on their level of marginalization in the exercise of the rights to freedom of peaceful assembly and of association. Some of the groups that are considered in the present report to be most at risk are persons with disabilities; youth, including children; women; lesbian, gay, bisexual, transgender and intersex (LGBTI) people; members of minority groups; indigenous peoples; internally displaced persons; and non-nationals, including refugees, asylum seekers and migrant workers.
- 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
- Children
- Ethnic minorities
- LGBTQI+
- Persons on the move
- Women
- Youth
- Year
- 2014
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. 13
- Paragraph text
- These groups should not be viewed as monolithic or discrete. Individuals can legitimately claim multiple identities, such as being a woman and a person with disability, a member of a minority group and stateless. The combinations are numerous. All these individuals can experience marginalization at multiple levels and in different ways within those categories. Often the multiple dimensions of marginalization go unrecognized and unaddressed. In order to understand the impact of discrimination on marginalized groups, it is important to recognize the different life experiences of the groups and individuals within the groups. In the present report, as far as possible, the nuances across all of the groups most at risk are taken into account.
- 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
- Women
- Year
- 2014
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. 18
- Paragraph text
- [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Eliminate gender-based violence, affirm women's right to reproductive choice and modify social or cultural patterns so as to eliminate the idea of stereotyped roles for men and women;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Men
- Women
- Year
- 2014
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:] The Convention on the Elimination of All Forms of Discrimination against Women requires States to take all appropriate measures to ensure that women are able to participate in the political and public life of the country on equal terms with men. That includes the right to participate in non-governmental organizations (NGOs) and associations concerned with the public and political life of the country (art. 7).
- 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
- Men
- Women
- Year
- 2014
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. 33
- Paragraph text
- There may be legitimate and non-criminal reasons for wearing a mask or face covering during a demonstration, including fear of retribution. For example, in Egypt, article 6 of the 2013 law on protests and demonstrations prohibits the wearing of a mask to hide the face during any assembly. That provision contains no exceptions and could be used to discriminate against women who wear the niqab, effectively preventing them from participating in public meetings or protests. Such laws may also be used against individuals with medical disabilities who wear face masks for medical purposes. Certain peaceful protest movements in the Arab world, Western Europe, North America and elsewhere have adopted the use of the Guy Fawkes mask as an emblem. The mask is particularly popular among youth and student protest movements. The donning of this mask can be as much a political statement - a way of identifying with one's fellow demonstrators and a worldwide movement - as it is an attempt to conceal identity.
- 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
- Persons with disabilities
- Women
- Youth
- Year
- 2014
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. 42
- Paragraph text
- The Special Rapporteur is deeply concerned about the use of police violence, harassment and judicial intimidation against assemblies held by women in many parts of the world. In Cambodia, for example, female land-rights activists have been targeted for violence, harassment and arrest on numerous occasions. In India, in the State of Orissa, 42 women human rights defenders were arrested and detained for peacefully protesting against the building of a dam. In Sri Lanka, women advocating for investigations into the enforced disappearance of their loved ones face considerable opposition from the Government. In Cuba, women defenders promoting and protecting human rights (Damas de Blanco) have repeatedly been targeted by security forces when peacefully demonstrating for the rights of detainees. Similarly, in Zimbabwe, members of a local women's group, Women of Zimbabwe Arise, were beaten and arrested in September 2013 after staging a peaceful demonstration outside Parliament.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2014
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. 43
- Paragraph text
- The Special Rapporteur reminds Member States that the Convention on the Elimination of All Forms of Discrimination against Women guarantees the equality of men and women in the enjoyment of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field (art. 1). Cultural notions, family obligations and perceived vulnerability should never be used as grounds on which to deny or limit the right of women to assembly.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Families
- Men
- Women
- Year
- 2014
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. 46
- Paragraph text
- In other cases, inaction by authorities may prevent some groups from exercising their right to freedom of peaceful assembly. The Special Rapporteur has received numerous reports from India regarding the disruption of public assemblies of Dalit individuals - members of the country's traditional "untouchable" caste. This includes one case in 2009 in which members of another caste obstructed a funeral procession and beat members of the Dalit community. Police reportedly failed to intervene, despite being present. In Egypt, peaceful female demonstrators were sexually assaulted repeatedly in Tahir Square, largely due to the inaction of law enforcement authorities. In Bosnia and Herzegovina, unidentified individuals violently disrupted LGBTI events in 2008 and 2014. In both cases, the police failed to provide protection to the organizers and participants. In several countries, stigmatization and counter-demonstrations against LGBTI pride parades and marches have also dissuaded organizers from holding such events.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2014
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. 56
- Paragraph text
- Nevertheless, where a registration regime exists, requirements should be framed such that no one is disadvantaged in the formation of her or his association, either by burdensome procedural requirements or unjustifiable limitations to substantive activities of associations. The State has an obligation to take positive measures to overcome specific challenges that confront marginalized groups, such as indigenous peoples, minorities, persons with disabilities, women and youth, in their efforts to form associations.
- 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
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2014
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. 65
- Paragraph text
- The lived experiences of members of groups most at risk may be problematic even where legislation promotes equality and non-discrimination, due to practices that threaten and impede the enjoyment of the right to freedom of association. Such practices can lead to the marginalization of groups already disadvantaged in their exercise of the right to freedom of association. The conditions of work for migrant domestic workers, for example, are often characterized by isolation and dependence. This is reinforced by unfamiliarity with the work environment of the host country and a lack of basic support structures, which then encourage bad practices by employers, such as restricting the freedom to leave the workplace. Women migrant workers face gender-based violence and abuse, and migrant domestic workers in irregular situations are further at risk of deportation. They are therefore even less likely to speak out against exploitation and abuse. In these circumstances, migrant workers are faced with considerable obstacles in their efforts to form associations that cater for their interests. Refugees and asylum seekers find themselves in a similar situation where the fear of their status being revoked has a chilling effect on their ability to mobilize.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
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. 66
- Paragraph text
- Patriarchal attitudes and stereotypes in societies that promote a narrow understanding of the role of women as being confined to the private sphere militate against the ability of women to organize and participate in activities in the public sphere. Thus, the Committee on the Elimination of Discrimination against Women has expressed concern at the harassment, intimidation and imprisonment of members of women's NGOs and women human rights defenders and at restrictions placed on the activities of organizations focused on gender equality (see, for example, CEDAW/C/UZB/CO/4, paras. 17-18). Similarly, the Working Group on the issue of discrimination against women in law and in practice found that women's participation in political and public life is commonly constrained by structural and societal discrimination in the family, in caregiving responsibilities and in violence against women, and by marginalization by political parties and other non-State public institutions. The obligation of States to remove those barriers is clearly mandated in article 2 (f) of the Convention on the Elimination of All Forms of Discrimination against Women and has been repeatedly advocated by the Committee on the Elimination of Discrimination against Women (A/HRC/23/50, para. 56). Despite laws prohibiting caste discrimination and positive measures to reverse the impact of discrimination and violence, the Dalit population in India continues to face severe social restrictions in participating on an equal footing with others in political parties and associations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 10
- Paragraph text
- The present report can be viewed as following on from the Special Rapporteur's 2014 report to the Council on threats against groups most at risk when exercising assembly and association rights (see A/HRC/26/29). That report focused on the groups whose rights were being violated, which included persons with disabilities; women; lesbian, gay, bisexual, transgender and intersex people; and others. The follow-on report focuses on the other half of the equation: who are the perpetrators of these abuses, what are the ideologies that drive them, and what are the State's obligations to respect, protect and fulfil the rights to freedom of peaceful assembly and of association in this context?
- 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
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 21
- Paragraph text
- The Human Rights Committee has stated that the positive obligations of States parties "will only be fully discharged if individuals are protected by the State, not just against violations of Covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of Covenant rights". States parties' failure to take appropriate measures or exercise due diligence to prevent, punish, investigate or redress the harm caused by non-State actors may constitute a violation of the International Covenant on Civil and Political Rights. The Committee on the Elimination of Discrimination against Women has affirmed that "States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation". The Inter-American Court of Human Rights has found similarly.
- 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
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 62
- Paragraph text
- Religious fundamentalism often has a disproportionate impact upon the assembly and association rights of women. In Latin America, for instance, associations fighting for reproductive rights have faced strong resistance from the Catholic Church and evangelical Christians, who strictly oppose abortion and family planning. The Special Rapporteur in the field of cultural rights has extensively documented the negative impact that Islamic fundamentalism can have on women's enjoyment of assembly and association rights in a number of countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 77
- Paragraph text
- In India, discrimination against individuals of lower caste - Dalits - manifests itself in various ways, including a lack of access to justice, threats to life, and gender-based violence against women and girls. Protests by Dalits are often met with violence and excessive use of force by high-caste individuals and law enforcement officials. Also, Dalit activists are detained and prosecuted on serious charges such as terrorism. At the multilateral level, India has placed impediments to accreditation by the Committee on Non-Governmental Organizations (a standing committee of the Economic and Social Council) of the International Dalit Solidarity Network, an international non-governmental organization that focuses on caste-based discrimination and other forms of discrimination based on work and descent (see A/69/365, para. 74).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 5
- Paragraph text
- The right to freedom of peaceful assembly and of association are pertinent to the democratic process, both during the election period and between elections. The Special Rapporteur reiterates that these rights are essential components of democracy since they empower women, men and youth to "express their political opinions, engage in literary and artistic pursuits and other cultural, economic and social activities, engage in religious observances or other beliefs, form and join trade unions and cooperatives, and elect leaders to represent their interests and hold them accountable" (Council resolution 15/21, preamble).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Men
- Women
- Youth
- Year
- 2013
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 16
- Paragraph text
- The right to freedom of peaceful assembly, that is, to both organize and participate in indoor and outdoor peaceful assemblies, has long proven to be a key one in the context of elections. This right enables candidates to such elections to mobilize their supporters and give resonance and visibility to their political messages. Elections are also a unique opportunity for women, men and youth from all parts of society, to express their views and aspirations, either for status quo or for change, that is to say, to voice support for the Government and ruling party, or dissent. Dissent is a legitimate part of the exercise of the right to freedom of peaceful assembly, especially in the context of elections, as it is a unique opportunity for pluralist expression through peaceful means.
- 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
- Men
- Women
- Youth
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 21
- Paragraph text
- Fundamentally, the Special Rapporteur believes that all peaceful assemblies held during the electoral process, whether or not in support of the ruling party or the incumbent Government, should be entitled to equal treatment. Such assemblies should receive equal protection and facilitation from the State, in fulfilment of its positive obligation in this regard, irrespective of which category or group the demonstrators belong to. In this connection, the Special Rapporteur warns against the increased vulnerability of the aforementioned marginalized groups or groups most at risk from attacks, derogatory comments, stigmatization, and undue restrictions, with a view to serving political agendas, often from different parties. Some of them may also face the revocation of passports and work permits for having taken part in solidarity protests. As a consequence, peaceful assemblies organized by such groups, which may want to seize the opportunity of elections to draw attention to their respective plights, are adversely impacted. The Special Rapporteur is horrified by the aforementioned incidents in Guinea in September 2009, where many women participating in the demonstration or present in the area were stripped naked and sexually assaulted, including by gang rape, both at the stadium and in detention. In Zimbabwe, demonstrators peacefully advocating women rights were brutalized in the context of elections. In the Islamic Republic of Iran, five students were among those killed by security forces in June 2009.
- 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
- Gender
- Person(s) affected
- Women
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 35
- Paragraph text
- Some overarching principles could be drawn upon to guide the development and operation of political party financing rules. Public financing of political parties is often used as an avenue to provide equality of opportunity to all parties and guarantee competitive participation of diverse ideas and views. Public funding principally benefits parties that are unable to otherwise raise private funds for any number of reasons, including because they are smaller parties, or their ideology does not appeal to a majority of would-be donors, or those that represent marginalized groups, such as women and youth. Hence, public funding should not be used to interfere with a party's independence and further or create overdependency on State resources.
- 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
- Women
- Youth
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 45
- Paragraph text
- Although civil society organizations play an essential role during election time, freedom of association is, in many countries, restricted before, during and after elections. As noted by the Special Rapporteur on the situation of human rights defenders, acts of intimidation against civic activists often start long before the beginning of election campaigns (A/HRC/13/22 para. 56). Restrictions placed on unregistered associations preventing them from taking part in activities related to the electoral process is one way of obstructing the work of independent voices. As the Special Rapporteur has stated in previous reports, the right to freedom of association applies equally to associations that are not registered (A/HRC/20/27, para. 56). Because of their marginalization, women, youth, minorities, indigenous groups or persons with disabilities may form or join unregistered associations for the advancement of their interests. States should play an active role in removing barriers that keep these marginalized and disempowered groups from participating in public life and exercising their rights in the context of elections. This is vital to ensure that their voices are heard and their causes taken into account in the policies of the next 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
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 47
- Paragraph text
- The right to freedom of association is an essential component of democracy that empowers men and women and is therefore particularly important where individuals may espouse minority or dissenting religious or political beliefs (Council resolution 15/21, preamble). As such, no restrictions should be placed on associations, solely because they do not share the same views as those in authority.
- 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
- Men
- Women
- Year
- 2013
Paragraph
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
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