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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 81
- Paragraph text
- Access to effective remedies is a key issue for workers, who often lack legal recourse for rights violations. Workers in vulnerable situations may find it especially difficult to assert their rights because of structural impediments, including lack of access to labour inspectorates that often do not operate in informal and private work places; collaboration between immigration and police officials that prioritizes investigating migration status over employers' violations of rights; and restrictions that make migrant workers "unfree labour", preventing them from circulating in host countries.
- 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)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 27
- Paragraph text
- Globalization is taking place in the context of the largest migration of people in human history, from rural to urban areas, within countries and across borders. According to recent ILO estimates, the world has 150.3 million migrant workers. An estimated 112.3 million of them (74.7 per cent) are in high-income countries. They migrate to support their families and improve their future, but their lack of rights and agency in the workplace often leaves them, and their children, mired in poverty.
- 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)
- Economic Rights
- Movement
- Poverty
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 47
- Paragraph text
- Migrant domestic workers are, like other migrants, often unprotected by worker rights. They are subject to extreme abuses, including forced labour and trafficking and gender-based violence. They may be deprived of food and sleep, denied medical treatment and prohibited from leaving their workplace. Zainab Yusuf, a Kenyan worker trafficked to Saudi Arabia, had to work 21 hours a day cleaning and caring for her employers' seven children. She could not leave the house or contact her family, and faced ongoing sexual harassment and physical abuse from her employer and his sons. Under such conditions, domestic workers have no opportunity to peacefully assemble or to associate.
- 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)
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 52
- Paragraph text
- The principle of non-discrimination applies to all rights, and States are obliged to ensure that traditionally disenfranchised groups are able to enjoy their rights to freedom of peaceful assembly and of association. Article 4 of the Convention on the Elimination of All Forms of Discrimination against Women requires States to take positive measures to secure equal enjoyment of rights for women, including assembly and association rights. The Committee on Migrant Workers requires States to encourage self-organization among migrant workers irrespective of their migration status, and to inform them about associations that can provide assistance.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98v (a)
- 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: Improving guest worker programmes to, among other things, eliminate structural barriers, such as coercive conditions of work visas that provide the employer inordinate control over the lives of workers;
- 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)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 24
- Paragraph text
- A broad approach to understanding "fundamentalism" is important in order to clarify possible violations and understand State responsibilities. For example, the designation and privileging of a State religion or ideology may serve to encourage intolerance of other religions by non-State actors. A one-party political system is virtually guaranteed to entrench intolerance - both State-sponsored and private - of other political ideologies. Extreme nationalist rhetoric that is echoed by political figures in leadership positions may result in attacks on migrant populations and civil society organizations working on migrant issues.
- 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)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- 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:] Prohibit the collective expulsion of migrant workers and members of their families and prohibit discriminatory legislation, in particular concerning remuneration, conditions of work and terms of employment;
- 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)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 63
- Paragraph text
- States that discriminate or exclude certain groups from protective legislation violate their obligations to respect and protect these rights, as well as the basic principle that these rights should be enjoyed by everyone equally. Authorities may not discriminate against any group or individual on grounds such as gender, immigration or residency status, language, social opinion, race, religion or sexual orientation. Enforcement of migration laws cannot take priority over respect for human rights 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 32
- Paragraph text
- Intimidation is common to the migrant worker experience. In 2015, 245 Zimbabwean migrant workers were harassed, intimidated and suffered retaliation (and four of them physical violence) after they organized to ask for a wage increase on a vegetable farm in South Africa. They had worked 12-hour days, seven days a week, and 17-hour days during the vegetable harvest, but were paid about half the minimum wage. They were forcibly evicted in September 2015, but later vindicated in court, when the judge found they were owed back pay or reinstatement.
- 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)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 29
- Paragraph text
- Having legal status does not ensure workers can exercise their fundamental rights. Most temporary or circular migration programmes structurally deny or inhibit rights to assembly and association and leave workers at the mercy of employers. Two such programmes are the Middle East kafala and United States guest-worker programmes. In many Middle East countries (such as Bahrain, Kuwait, Oman, Saudi Arabia and Qatar), this hyper-rigid system ties a migrant worker's presence in the country to a visa sponsored by a citizen. Workers' ability to reside, work or even leave the country is subject to the approval and whims of a migrant's sponsor, who has near total control over the worker's existence. Nearly the same is true in United States guest-worker programmes, where visas are tied to specific employers. From a legal standpoint, these States have delegated oversight, control and responsibility for foreign nationals to private companies and individuals. Such devolution of responsibility has led to gross abuses and denial of fundamental rights.
- 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)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 30
- Paragraph text
- Every year the United States has more than 100,000 guest workers on temporary H-2 work visas in sectors like landscaping, construction, seafood processing and agriculture. Although they are documented migrants, guest workers report being cheated of their wages, threatened with guns, beaten, raped, starved and imprisoned. Some have died on the job. The link between the visa and employer provides a coercive element: workers who complain about working conditions can be fired, and must leave the country or face deportation. This contingent relationship quells workers' efforts to exercise freedom of association and assembly. Workers who attempt to exercise their rights are often blacklisted by employers, who use the threat of denied future work opportunities to silence workers.
- 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)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 31
- Paragraph text
- In the United Kingdom, gang-master-controlled work in the hospitality, food-processing and agriculture sectors often exploits migrant workers through wage theft or confiscation of passports. The prospect of dismissal and loss of the legal right to work and remain in the country chills the exercise of rights by these workers. Because police investigations tend to focus more on immigration enforcement than claims of serious maltreatment of migrant workers, access to justice is denied. Forced labour is also a significant and growing problem in the United Kingdom.
- 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)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 102i
- Paragraph text
- [The Special Rapporteur recommends that the United Nations and multilateral financial institutions:] In consultation with trade unions and worker organizations, ensure the promotion and protection of assembly and association rights in their policies and programmes, particularly with regard to policies related to employment, economic development, trade, migration and the rights of specific groups, including women, children, racial/ethnic minorities;
- 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
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
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. 48
- Paragraph text
- Legislation that explicitly excludes individuals or groups from forming associations on the basis of prohibited grounds constitutes a violation of the rights of those groups. For example, migrant workers are explicitly prohibited from forming trade unions in Singapore, and they are not allowed to join or form unions in the Plurinational State of Bolivia (CMW/C/BOL/CO/2, para. 34). In some instances non-nationals are allowed to join existing trade unions or labour associations but are not allowed to hold office in those associations, as in Singapore. However, the restriction on forming their own associations deprives migrants of autonomy and vehicles through which to advocate or promote issues of concern that may differ from those of nationals.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 45
- Paragraph text
- Situated at the intersections of gender, race, migration and informality, domestic workers represent a large component of the global workforce excluded from the rights to freedom of peaceful assembly and to association. ILO estimates that 67 million people globally are domestic workers, and 80 per cent of them are women; and that 11.5 million migrant workers are domestic workers, about three-quarters of them women.
- 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
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 49
- Paragraph text
- Many countries, including the United Kingdom and France, exclude domestic workers from the jurisdiction of labour inspectorates in deference to employers' privacy. Canada (Ontario), Ethiopia and Jordan exempt domestic workers from laws covering trade union representation. Migration law often also treats domestic workers differently from other workers. The Special Rapporteur notes, however, as a positive step, that 30 countries have now extended labour protection to domestic workers.
- 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)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families guarantees the right to join associations and take part in the activities of associations, but stops short of protecting the right to form associations (art. 26).
- 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
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 72
- Paragraph text
- The Special Rapporteur welcomes the fact that in Slovenia anyone has the freedom to join a trade union, and that a trade union of migrant workers was established and gained legal personality in February 2016.
- 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)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 28
- Paragraph text
- Low-wage migrant workers face severe economic exploitation, social exclusion and political disenfranchisement. They are often denied their freedoms of peaceful assembly and of association because of their irregular status or by structural barriers in legal channels that systematically disempower workers. Exorbitant recruitment fees leave them with unrepayable debt. In the destination country, they are often paid low wages or not paid at all. They are subject to unsafe and unhealthy working and living conditions, and gender-based violence. They are typically without access to health care, leave or other social benefits. Many find themselves trafficked, in conditions of forced labour or slavery, isolated, unpaid, with restricted freedom of movement and no access to justice. Because most migrant workers are effectively barred from forming and joining unions, they are unable to advocate to improve wages and working conditions. Migrants have become a massive, disposable, low-wage workforce excluded from remedies or realistic opportunities to bargain collectively for improved wages and working conditions.
- 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
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 11
- Paragraph text
- Without assembly and association rights, workers have little leverage to change the conditions that entrench poverty, fuel inequality and limit democracy. The need to maintain paid work is all-consuming; so many workers toil long hours for low wages in unsafe and unhealthy environments, risking disease, injury and death. They work without basic social protections such as health care, education, pensions or, in the case of trafficked workers, the right to choose or leave employment. The impact of the lack of assembly and association rights is compounded for migrant workers by harsh immigration laws, unscrupulous labour recruitment organizations, militarized labour systems and rights-restricted structures in export processing zones. Migrant domestic and agricultural workers, often excluded from labour law protection both at home and abroad, are doubly exploited and marginalized.
- 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)
- Economic Rights
- Environment
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 70
- Paragraph text
- Anti-immigration sentiments, often based on cultural and nationalist ideologies, have strengthened the popularity of many right-wing political parties, especially in Europe. Nationalist parties in countries such as Austria, Denmark, Hungary and Switzerland, among others, have attracted significant support in recent elections. The Special Rapporteur is extremely concerned that the acceptance and adoption by political actors of attitudes of cultural or national superiority has triggered a process of gradually legitimizing racism and xenophobia. This can have devastating consequences, as history has proved time and again. He stresses that States are obliged to take measures to guard against such an eventuality.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 82
- Paragraph text
- Even migrant workers who have formal access to inspectors are reluctant to report violations for fear of deportation. In addition, migrants often have no legal rights or access to temporary accommodations to remain in country during legal procedures, thus preventing reporting and participation in legal proceedings. The lack of written contracts in the informal work environment renders it difficult to prove employment.
- 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)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph