Search Tips
sorted by
30 shown of 575 entities
The role of digital access providers 2017, para. 78
- Paragraph text
- It is also critical for the Council and States to draw the connections between privacy interference and freedom of expression. To be sure, interferences with privacy must be assessed on their own merits under article 17 of the International Covenant on Civil and Political Rights and other norms of human rights law. But certain interferences — such as overbroad requests for user data and third party retention of such data — can have both near- and long-term deterrent effects on expression, and should be avoided as a matter of law and policy. At a minimum, States should ensure that surveillance is authorized by an independent, impartial and competent judicial authority certifying that the request is necessary and proportionate to protect a legitimate aim.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 28
- Paragraph text
- While the inclusion of the concept that development promotes human rights into the international human rights system is crucial, the Special Rapporteur stresses that a major shift in the global human rights conversation requires the recognition that the interaction between development and human rights is twofold. Development contributes to human rights, and the enjoyment of those rights promotes development. In that context, the use of public space, participation in public debate and the possibility of organizing and associating all contribute to expanding civil space within the framework of the Sustainable Development Goals, in particular Goal 16, which provides for peaceful, inclusive and just societies with effective, accountable and inclusive institutions. Inequalities, on the other hand, have a negative impact on the exercise of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 34
- Paragraph text
- In his first report to the General Assembly (A/68/299), the previous mandate holder addressed concerns about the exercise of the rights to freedom of peaceful assembly and of association, documenting the countless threats to such freedoms in the context of elections. One of the most critical findings outlined in the report was that elections did not exist in a vacuum, and their quality could not be judged solely by what happened during the vote, but also by what happened before and after the elections. Another critical finding was that, “given the importance of the rights to freedom of peaceful assembly and of association in the context of elections, the threshold for imposing such restrictions should be higher than usual: the criteria of ‘necessity in a democratic society’ and ‘proportionality’ should be more difficult to meet during election time” (ibid., para. 25).
- 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
- All
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 36
- Paragraph text
- In his second report to the General Assembly (A/69/365), he examined the exercise of the rights to peacefully assemble and to associate at the international level, specifically in the context of multilateral institutions and their impact on those rights. He observed that civil society was far too often excluded from international debates, with multilateral institutions commonly viewing peaceful assemblies, whether during global summits or when implementing a project, as posing a security threat; that the operations of many multilaterals lacked transparency; and that reprisals against human rights defenders who cooperated with multilaterals were common. He further examined obstacles to the exercise of assembly and association rights in the context of multilaterals, some erected by the entities themselves, and some by the States that comprised them. He also made extensive recommendations on what should be done to improve the situation.
- 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 47
- Paragraph text
- Another thematic priority is the exercise of the rights to freedom of peaceful association and of association online.
- 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 72
- Paragraph text
- Accordingly, she is seeking engagement for litigation. In order to raise awareness among relevant stakeholders and the public at large, the Special Rapporteur seeks the cooperation of professional associations, non-governmental organizations and their networks, as well as other relevant stakeholders and any other parties who have knowledge of cases involving assembly and association issues. A call for submission to that effect can be found on the mandate website.
- 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
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 75
- Paragraph text
- Pre-existing policies and mechanisms could also be reformed or strengthened to address violations of freedom of expression. For example, a provider could make improvements to its content restriction policy and the training of its content moderation teams to reduce the likelihood of unfair website takedowns or overbroad content restrictions such as filtering. Customer complaint mechanisms could also be updated to allow users to flag network traffic management practices, commercial filtering classifications and other content restrictions they deem to be unduly restrictive or unfair.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 56
- Paragraph text
- Highlighting good and promising practices worldwide that promote and protect the rights to freedom of peaceful assembly and of association remains today one of the core human rights functions of the mandate, according to the relevant Human Rights Council resolutions. Over the course of her tenure, the Special Rapporteur will continue to assess such practices and endeavour to measure their impact, if any, as well as developments subsequent to the first report of the previous mandate holder to the Council (see para. 32 above).
- 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
- N.A.
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 43
- Paragraph text
- In interpreting the relevant legal provisions, the Special Rapporteur will be guided, among other sources, by State practice, international jurisprudence and two soft law instruments widely recognized to reflect generally recognized conditions and modalities governing the use of force by law enforcement officials: the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The Special Rapporteur intends to conduct his thematic work in this area based on consultations and expert meetings with relevant stakeholders and experts, and building on earlier analyses by other special procedure mandate holders who explored similar issues.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 83
- Paragraph text
- This is not to say that private companies do not face pressures. They do. But when States request corporate involvement in censorship or surveillance, companies should seek to prevent or mitigate the adverse human rights impacts of their involvement to the maximum extent allowed by law. In any event, companies should take all necessary and lawful measures to ensure that they do not cause, contribute or become complicit in human rights abuses. Arrangements with corporate partners should be structured to ensure that all parties uphold their human rights responsibilities. Companies should also seek to build leverage in pre-existing business relationships to prevent or mitigate adverse human rights impacts.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- 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.
- 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
Access to information in international organizations 2017, para. 55
- Paragraph text
- Over the past 70 years, the United Nations and other intergovernmental organizations have served foundational roles in expanding the rule of law globally. While not always successful, these organizations enable the coordination of policy and the development of legal norms in the fields of security, development, governance and many others, and they are consistently perceived as important institutions by public opinion around the world. Strengthening them, ensuring that they serve the functions for which they were created, enhancing public participation in their work, these are the underlying goals of the present report. Development of access-to-information policies, in keeping with the global legal trends for freedom of information, will advance the objectives of intergovernmental organizations and the Member States that constitute them.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 57
- Paragraph text
- Intergovernmental organizations should make efforts now to create openness and to establish policies and infrastructure that not only provide information of all kinds but also promote such requests. Intergovernmental organizations should welcome the opportunities to provide transparency because, although transparency can cause embarrassment and, occasionally, give rise to scandal, it also sends a broader message of understanding that public knowledge is critical, especially so since these institutions serve critical public functions. Opacity, by contrast, sends the opposite message: we are distant; our work does not concern you; your support is unnecessary.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Working methods, thematic priorities and vision for a meaningful anti-torture advocacy 2017, para. 57
- Paragraph text
- The Special Rapporteur considers it an absolute priority of the mandate to continue transmitting urgent appeals to States with regard to individuals reported to be at risk of torture, as well as communications on past alleged cases of torture. However, having recently taken up his functions, the Special Rapporteur notes with serious concern that the resources allocated to the mandate are not sufficient to respond to the ever-growing number of urgent requests for intervention on behalf of individuals. The Special Rapporteur therefore appeals to the Human Rights Council, as well as to its members individually, to take every possible measure to allow the Special Rapporteur to carry out the mandate effectively.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 47
- Paragraph text
- The digital access industry is in the business of digital expression; its commercial viability depends on users who seek, receive and impart information and ideas on the networks it builds and operates. Since privately owned networks are indispensable to the contemporary exercise of freedom of expression, their operators also assume critical social and public functions. The industry’s decisions, whether in response to government demands or rooted in commercial interests, can directly impact freedom of expression and related human rights in both beneficial and detrimental ways.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 69
- Paragraph text
- The Special Rapporteur supports and reiterates the joint recommendation made by the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on extrajudicial, summary or arbitrary executions that the United Nations High Commissioner for Human Rights convene an expert group to examine the application of the international human rights framework to “less lethal” weapons and unmanned systems for law enforcement purposes, including with a focus on their use in the context of assemblies.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 72
- Paragraph text
- States should systematically include the extra-custodial use of force in their regular reports to international mechanisms, such as the Committee against Torture and the Human Rights Committee (universal periodic review), and encourage international mechanisms, such as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and other special procedures, to examine the issue in their work.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 61
- Paragraph text
- Human rights engagement with governments, corporate partners and other stakeholders may prevent or mitigate human rights violations down the line. Companies that deal directly with governments should push for human rights safeguards in operating licences and sales contracts, such as assurances that network equipment will not be accessed or modified without the company’s knowledge (which can be for the purpose of facilitating human rights abuses). Timely intervention during litigation (such as amicus filings in cases brought by civil society groups or peer companies against censorship or surveillance laws) and human rights-oriented lobbying in legislative and policymaking processes may also advance legal protections for freedom of expression and privacy.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 72
- Paragraph text
- Companies should disclose their policies and actions that implicate freedom of expression. Relevant disclosures include data retention and use policies, network management practices and the sale and purchase of network filtering and interception technologies. Companies should also disclose information about the frequency, scope and subject matter of due diligence processes and a summary of high-level findings. In general, companies should consult the growing number of resources that study valuable transparency indicators and other transparency best practices. Users, civil society and peer companies should also be consulted on the design and implementation of transparency measures.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 17
- Paragraph text
- Recognition of the right to information, consistent with article 19 of the International Covenant, has come with the acknowledgment that access to information may be subject to limitations. Those limitations, originating in article 19 (3), must be provided by law and be necessary and proportionate in order to protect the rights or reputations of others, national security or public order or public health or morals. I have previously reviewed how the restrictions permissible under article 19 (3) apply in the context of freedom of information (A/70/361, paras. 8-13). How international organizations might translate the norms of the International Covenant for the purposes of their own access-to-information initiatives is discussed below.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 39
- Paragraph text
- The policies of intergovernmental organizations must clarify what kinds of information may not be disclosed; in their actual withholding of information, they should be held to a high standard in identifying their reasons. At a minimum, intergovernmental organizations should specify what kinds of information they consider to be sensitive and subject to non-disclosure. In doing so, they should not overstate what is subject to non-disclosure but adhere strictly to notions of public interest.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 10
- Paragraph text
- The Special Rapporteur is intended to be the eyes and the ears of the Human Rights Council on matters pertaining to freedom of peaceful assembly and of association that warrant the Council’s attention. However, the ultimate beneficiary of the Special Rapporteur’s work cannot be the Council alone.
- 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 19
- Paragraph text
- Against this background, the Special Rapporteur wishes to emphasize the mutually reinforcing relationship between freedom of peaceful assembly and of association on the one hand, and democracy and development on the other, combined with her willingness to contribute to an increase in global civic space.
- 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 78
- Paragraph text
- Expanding civic space is part of the global vision of OHCHR and is likely to remain so for the coming four years (2018-2021). She will, therefore, work closely with the Working Group on the Universal Periodic Review, treaty bodies, other Human Rights Council mechanisms and the United Nations system in general to contribute to an increase in global civic space, the creation of a safe and enabling environment for civil society and the promotion and protection of the rights to freedom of peaceful assembly and of association worldwide.
- 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 22
- Paragraph text
- While the freedom of peaceful assembly and the freedom of association are considered two separate rights (A/HRC/20/27, para. 4), it is essential today to consider how the two rights are closely interrelated and interdependent. The joint report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on extrajudicial, summary or arbitrary executions on the proper management of assemblies emphasizes the importance of assemblies in developing democratic systems, fostering public participation and presenting alternative perspectives to established interests (A/HRC/31/66, paras. 5-6). However, for assemblies, which are generally defined as “temporary” or “long-term” gatherings of people in private, public or online spaces (ibid., para. 10), to achieve their ultimate goals, individuals must be able to fully exercise their right to freedom of association, through which they organize collective action, engage constructively with stakeholders, including policymakers and legislators, and help to institutionalize the political, economic or social changes to which those participating in assemblies aspire. It is the combination of the right to freedom of peaceful assembly and the right to freedom of association that strengthens responsive democratic governance systems and ensures the full and meaningful exercise of the right to participate in public affairs, as expressed in article 25 of the International Covenant on Civil and Political Rights.
- 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 17
- Paragraph text
- Moreover, the rights to freedom of peaceful assembly and of association are fundamental human rights, not only for all functioning democracies, but also for autocratic Governments. A single variable such as freedom of peaceful assembly and of association can actually serve as a barometer for measuring the situation pertaining to, and the enjoyment of, human rights in any given country and a useful proxy for how open or closed countries and their national institutions are.
- 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
- N.A.
- Year
- 2017
Paragraph
The role of digital access providers 2017, para. 71
- Paragraph text
- Even if local law limits full transparency, companies should nonetheless disclose all relevant and publishable information. For example, if companies are prohibited from disclosing the origin or basis of a shutdown request, they should nevertheless seek to provide regular updates about the services affected or restored, the steps they are taking to address the issue and explanations after the fact. Innovative transparency measures, such as the publication of aggregate data and the selective withholding of information, also mitigate the impact of gag orders and other non-disclosure laws. Companies should disclose all the local laws with which they comply and, where possible, challenge any law or regulation that prevents or hinders them from being transparent to users and the general public.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 39
- Paragraph text
- In his fifth report to the Human Rights Council (A/HRC/32/36), the previous mandate holder addressed the phenomenon of fundamentalism and its impact on the exercise of the rights to freedom of peaceful assembly and of association. While he stressed that the mere voluntary adherence to a fundamentalist belief system was not a human rights violation in and of itself, he recalled that, when holders of such beliefs sought to impose them in a way that controlled or restricted the rights of others who might have different views or backgrounds, they threatened the values of pluralism and broadmindedness that were core to democracy. The tipping point, for the purposes of the report, was when fundamentalist views formed the basis for violations of the rights to freedom of peaceful assembly and of association. He also examined the positive role that those rights could play in preventing the spread of extremism and radicalization.
- 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
- N.A.
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 35
- Paragraph text
- Second, information about the selection and election process for all categories of committees and monitoring bodies, whether involving Member States, experts or others, should be subject to disclosure. Generally, intergovernmental organizations should be making greater efforts to disclose specific kinds of governance decision-making. For instance, one of the most basic public functions of organizations, elections, whether of State delegations to serve on committees or individuals to serve in expert roles such as special rapporteurs, remain largely closed to public scrutiny. Organizations should devote clearly identifiable space on their websites for information about candidates to elective or selective positions, and they should provide information about State compliance with the organization’s norms in the context of elections to bodies held by State delegations. Those making appointments or selections to expert bodies should make public the reasons for their choices. Timely and interactive access to such processes would enhance their credibility as well as the accountability of those making the selections. As noted below, some kinds of information may be subject to non-disclosure, for instance, if necessary to protect the personal data of individual candidates for positions. Generally, however, there is legitimate dissatisfaction among civil society organizations about their limited ability to learn about such processes as they are happening. In turn, the lack of information leads to misunderstandings about the nature of elective or appointment processes.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 31
- Paragraph text
- For the past six years, the previous mandate holder brought extensive human rights experience, deep commitment and great energy to the mandate. In close consultations with key stakeholders, he very carefully identified a range of important issues as the focus of his thematic reports to both the Human Rights Council and the General Assembly.
- 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
- N.A.
- Year
- 2017
Paragraph