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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 4
- Paragraph text
- Democracy, as a system through which the people participate directly or indirectly in the conduct of public affairs, has broad appeal across the globe. Elections, referendums and plebiscites, in which people choose their representatives and express their choice of laws or policies, are held in the majority of countries in the world. As stipulated in article 21 (3) of the Universal Declaration of Human rights, democracy is a process in which "[t]he will of the people [is] to be the basis of the authority of government". It is commonly thought of as a process with regular periodic, free and competitive elections to decide on policies directly or indirectly through chosen representatives that must be accountable to their electorate. In other words, democracy, as reflected in the electoral process, generally involves the use of clear predictable processes with uncertain outcomes, while a non-democracy can be identified by the fact that the whole electoral process is characterized by unclear and uncertain processes but with predictable outcomes. Nevertheless, the quality of elections is increasingly coming under scrutiny in order to ensure that election outcomes are representative of the will of the people. Elections confer legitimacy on Governments; if those elections are not considered to reflect the will of the people, therefore, a sense of discontent and disenfranchisement may result and sometimes cause violent conflict. In order to sustain the democratic ideal, it is necessary for regimes to uphold the rule of law, respect and protect human rights and remain vigilant and responsive to peoples' views and opinions at all times.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 46
- Paragraph text
- The freedom of associations to engage in activities related to the electoral process should therefore be guaranteed to all associations, whether they are apolitical in their means and operations, partially or totally supportive of the Government or express criticism of Government policies. Hence, no associations should be compelled to express support for any electoral candidate. Nevertheless, it is important for any organization which voluntarily supports a particular candidate or a party in an election to be transparent in declaring its motivation, as its support may impact on elections' results. The Special Rapporteur is of the view that the strength of a democracy can be gauged by the extent to which diverse views and differing opinions are accommodated and even encouraged in public debate.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 43
- Paragraph text
- The Special Rapporteur also believes that a pro-civil society organization culture within multilateral organizations is crucial. Such a culture should be rooted in the attitude that the organization is an agent dedicated to upholding ideals and effecting change, rather than a bureaucracy built to maintain the status quo. There must also be a willingness to call out Member States who fail to respect fundamental rights. Stating that some issues are "too political" - as the World Bank allegedly did when Human Rights Watch warned them that the Government was closing space for civil society in Egypt - is not acceptable. Finally, it should be acknowledged that a strong civil society sector is essential for multilateral institutions' effectiveness, as it is often the best source of information on the ground.
- Legal status
- Non-negotiated soft law
- 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
- All
- N.A.
- Year
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 21
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 96
- Paragraph text
- The right to freedom of peaceful assembly is sometimes misconstrued as relating only to protests and other public expressions of collective political activity. However, the right also protects private and non-political public gatherings. Associations and businesses may organize and hold gatherings for a variety of objectives, commercial and non-commercial, including meeting members, beneficiaries, clients, donors or investors as part of their internal governance obligations or in the course of their operations; assemblies for expressive purposes; and marketing or public relations. States have an obligation under international law to facilitate peaceful assemblies, yet they can treat assemblies in very different ways, sometimes without an objective or legal basis to do so.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 14
- Paragraph text
- States are obligated to protect and facilitate the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation, including by ensuring that business interests do not violate these rights. To discharge their duties in that respect, States should, among other things, enact robust national laws that stipulate the rights and responsibilities of all, create independent and effective enforcement, oversight and adjudicatory mechanisms, ensure effective remedies for violations of rights and promote awareness of, and access to information about, relevant policies and practices related to natural resource exploitation.
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2015
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 17
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 21
- Paragraph text
- The rights to freedom of peaceful assembly and of association find expression at the global level in article 20 of the Universal Declaration of Human Rights and in articles 21 and 22 of the International Covenant on Civil and Political Rights. The International Labour Organization (ILO) Convention concerning Freedom of Association and Protection of the Right to Organise, 1948 (No. 87), and the ILO Convention concerning the Right to Organise and Collective Bargaining, 1949 (No. 98), protect the rights of workers to freely establish, join and run organizations of their choosing without unjustifiable interference from the State. Workers are also protected from anti-union discrimination and guaranteed the right to collectively bargain.
- Legal status
- Non-negotiated soft law
- 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
- Person(s) affected
- All
- Year
- 2015
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 83
- Paragraph text
- States are obligated under international law to establish accessible and effective complaint mechanisms that can promptly investigate allegations of abuses related to the rights to freedom of peaceful assembly and of association (see A/HRC/20/27, p. 19). Where those rights have been unduly restricted, victims have the right to obtain redress, including adequate compensation and sanctions against the employer (ibid.). Effective remedies should be available from a range of mechanisms, including judicial and non-judicial and administrative institutions, such courts, ombudsperson offices and national human rights institutions.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 8
- Paragraph text
- In recent decades, economic globalization, implemented with as few regulations on companies and capital as possible, has been touted by many economists as an essential vehicle to global prosperity and the end of poverty. The economic system that grew out of that philosophy has indeed led to a rise in global economic productivity and wealth, but it has also contributed to a dramatic rise in the power of large multinational corporations and concentrated wealth in fewer hands. At the same time, States' power to regulate those business entities has eroded. Further, the world's recent economic growth has not been shared equally. Productivity and economic output have increased, but so has inequality, with the fruits of that growth going primarily to the wealthiest.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 31
- Paragraph text
- Free markets have undoubtedly contributed to producing great amounts of monetary wealth and impressive technological advancements. Yet the pursuit of this wealth in some cases has also contributed to environmental destruction, growing income inequality and the erosion of protections for workers. It is important that people on both sides of this argument be given equal freedom and facilitation to air their views in a peaceful manner. As the Special Rapporteur has repeatedly emphasized, States should also not favour businesses over civil society reflexively, but instead should adopt a policy of "sectoral equity" - a fair, transparent and impartial approach in which the regulation of each sector is grounded in international law, standards and norms (see A/70/266).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 66
- Paragraph text
- State restrictions on assembly and association rights, including the right to strike, frequently exceed parameters set by ILO Convention 87 and decades of case law. In countries where the right to strike is not legally prohibited, Governments attempt to justify restrictions in the name of public order, public security, the threat of terrorism, national interest or economic crisis.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
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. 8
- Paragraph text
- The ability to seek, secure and use resources is essential to the existence and effective operations of any association, no matter how small. The right to freedom of association not only includes the ability of individuals or legal entities to form and join an association but also to seek, receive and use resources - human, material and financial - from domestic, foreign, and international sources.
- Legal status
- Non-negotiated soft law
- 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
- 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. 64
- Paragraph text
- Finally, organizers should be given the possibility of an expedited appeal procedure, with a view to obtaining a judicial decision by an independent and impartial court prior to the notified date of the assembly. The decision of the regulatory authority and of the appeal court should be published for the purposes of transparency and fairness, possibly on a specific website.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 28
- Paragraph text
- Liberal access to information policies should be encouraged. These policies help keep multilateral institutions accountable and provide a model which citizens can cite in pressing their own Governments to become more transparent. The Global Transparency Initiative has released a Transparency Charter for International Financial Institutions, which the Special Rapporteur recommends as guidance for the access-to-information policies of all multilateral institutions.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 90
- Paragraph text
- In Kenya, as in many other countries, the President meets annually with business leaders, while no similar meeting is afforded to civil society. In fact, presidents rarely, if ever, attend global conferences discussing civil society's concerns, such as the International Civil Society Week organized by CIVICUS. They are much more likely to attend conferences on business promotion, such as the World Economic Forum or the Global Entrepreneurship Summit.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 56
- Paragraph text
- The Special Rapporteur reiterates that the primary responsibility for ensuring public security, law and order for the benefit of all within a State's boundaries lies with the Government of that State. The State should also regulate, control and monitor the activities of private security firms, including those contracted in the natural resource exploitation sector, and hold them accountable when they breach the rights to freedom of peaceful assembly and of association.
- Legal status
- Non-negotiated soft law
- 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
- Year
- 2015
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 9
- Paragraph text
- The mandate is a service, not a personal matter of the individual who happens to be the Special Rapporteur at a given time. Moreover, the mandate is not an end in itself but it is a means to a further end.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2017
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 5
- Paragraph text
- In previous thematic reports to the Human Rights Council and the General Assembly, the Special Rapporteur has emphasized State obligations to ensure the free exercise of the rights to peacefully assemble and to associate at the national level. In this report, he examines State actions at the multilateral level and their impact, recognizing that such actions have repercussions on civil society's ability to engage and participate in social, economic, political and other pursuits. The Special Rapporteur considers that both an enabling environment for civil society and a vibrant civil society are indispensable for the enjoyment of the rights to freedom of peaceful assembly and of association.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2014
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. 66
- Paragraph text
- Access to public space means concretely that organizers and participants should be able to use public streets, roads and squares to conduct (static or moving) peaceful assemblies. The Special Rapporteur believes that spaces in the vicinity of iconic buildings such as presidential palaces, parliaments or memorials should also be considered public space, and peaceful assemblies should be allowed to take place in those locations. In this regard, the imposition of restrictions on "time, place and manner" should meet the aforementioned strict test of necessity and proportionality. In Kenya, protesters have been temporarily prohibited from gathering around the Supreme Court as they awaited a decision, as well as from other public places.
- Legal status
- Non-negotiated soft law
- 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
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 15
- Paragraph text
- In order to provide robust protection to civic engagement at the multilateral level, it must be recognized that freedom of peaceful assembly and of association are inextricably intertwined with the right to take part in the conduct of public affairs, the right to freedom of opinion and expression, the right of access to information and other relevant rights, such as articles 25 and 19 of the International Covenant. The Human Rights Committee, in general comment 25, paragraph 5, recognizes the right to participate in public affairs to cover "all aspects of public administration, and the formulation and implementation of policy at international, national, regional and local levels". Similarly, the freedoms of opinion and expression are necessary components to ensuring that civic voices are heard at the multilateral platforms. For civil society to engage effectively in global decision-making, the right to access information is indispensable.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 53
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 65
- Paragraph text
- As previously mentioned, the "race to the bottom" may result in weakened labour standards, in violation of the right to freedom of association for workers in the natural resource exploitation industry. In several countries, Governments have amended labour laws, weakening labour standards and making it harder for workers to unionize, collectively bargain and strike. In Kazakhstan, a recently enacted law on trade unions mandates compulsory affiliation of all trade unions to a federative body, denying trade unions the option to choose whether to be so affiliated or not (see A/HRC/29/25/Add.2).
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 8
- Paragraph text
- Moreover, many resource-rich countries suffer from low levels of development, particularly human development, endemic corruption and economic and political instability - the "resource curse". This, despite a widely shared understanding that natural resources are managed by Governments on behalf of their citizens; an understanding which many countries enshrine in law. The Constitution of Burkina Faso, for example, provides that citizens may petition individually or collectively against acts that harm the environment or the interests of communities. A large proportion of the world's poor lives in resource-rich countries but does not share in the benefits of those resources because of inadequate governance. More than 80 per cent of the 58 resource-rich countries in the Resource Governance Index fail to meet satisfactory governance standards.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 51
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 55
- Paragraph text
- 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.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 11
- Paragraph text
- The beneficiaries are and should be the people, as espoused in the Preamble of the Charter of the United Nations, which begins: “We the peoples of the United Nations”. The beneficiaries must be civil society: civil society organizations such as non-governmental organizations, development and humanitarian actors, religious associations, political parties, trade unions, social movements, professional associations, academic institutions, and sports, leisure and other associations of all kinds. The beneficiaries must be the people who gather and meet in peaceful assemblies, in private or public space, offline or online, to protest or for any other peaceful purposes.
- Legal status
- Non-negotiated soft law
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 12
- Paragraph text
- When the people and civil society benefit, States, international organizations and international society as a whole benefit, too.
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 16
- Paragraph text
- The rights to freedom of peaceful assembly and of association are not absolute, meaning that not only can they be temporarily derogated from in a state of emergency, but they can also be exceptionally interfered with under other circumstances. While they are human rights guaranteed to all, their exercise may be subject to certain restrictions. Such restrictions are permitted if they are necessary for a number of public purposes, including the protection of the rights and freedoms of others, as long as they are proportionate and provided for by law. Security and emergency laws, measures aimed at curtailing the financing of international terrorism, anti-money-laundering regulations and other limitations restrictive of civic space in the name of general public purposes, however, do not, as such, justify systematic violations of the freedom of peaceful assembly and of association.
- Legal status
- Non-negotiated soft law
- 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
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90a (iii)
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Based on the provisions of Human Rights Council resolution 24/24 on cooperation with the United Nations, its representatives and mechanism in the field of human rights: Ensure accountability for any acts of reprisal through impartial, prompt and thorough investigations of any acts of reprisal, and access to effective remedies for victims;
- Legal status
- Non-negotiated soft law
- 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
- All
- Year
- 2014
Paragraph