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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 33
- Paragraph text
- In addition to the fact that justification on the grounds of State sovereignty violates international norms and standards related to freedom of association, the Special Rapporteur is extremely concerned about increased denigration and unfounded accusations against individuals and organizations receiving foreign funding. Special procedures mechanisms have expressed their particular dismay about cases of vicious verbal attacks, intimidation, property damage, physical assaults and even criminalization against activists accused of having ties to a foreign entity, on the sole ground that they had allegedly received foreign funding (e.g. Azerbaijan, Uzbekistan). Allowing or inciting public discredit on individuals' or organizations' honour and reputation or inciting nationalist and xenophobic sentiment is likely to cause associations to engage in self-censorship and, more gravely, to incite hatred and fuel further human rights violations.
- 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
- Activists
- Year
- 2013
Paragraph
Accelerating efforts to eliminate violence against women and girls: preventing and responding to violence against women and girls in digital contexts (2018), para. 38
- Paragraph text
- (c) Supporting initiatives taken by, inter alia, relevant international and non- governmental organizations, business enterprises, faith and community groups, religious leaders, parliamentarians, journalists, national human rights institutions, human rights defenders, including women human rights defenders, and indigenous leaders and groups, as part of their efforts to develop targeted and accessible responses, programmes and policies, including by allocating adequate resources aimed at promoting gender equality and at preventing, responding to and protecting women and girls from violence in digital contexts;
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Activists
- Ethnic minorities
- Women
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Adequacy of the international legal framework on violence against women 2017, para. 34
- Paragraph text
- Civil society organizations called for more support for women’s organizations on the ground, underlining that women human rights defenders faced daily threats and harassment, and needed greater protection. At the same time, more regulations addressing violence against particular groups of women, such as women belonging to minority groups; migrants; lesbian, gay, bisexual and transgender persons; elderly women; women with disabilities; and widows, were also supported.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Activists
- LGBTQI+
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Article 19: Freedoms of opinion and expression 2011, para. 45
- Paragraph text
- It is normally incompatible with paragraph 3 to restrict the freedom of journalists and others who seek to exercise their freedom of expression (such as persons who wish to travel to human rights-related meetings) to travel outside the State party, to restrict the entry into the State party of foreign journalists to those from specified countries or to restrict freedom of movement of journalists and human rights investigators within the State party (including to conflict-affected locations, the sites of natural disasters and locations where there are allegations of human rights abuses). States parties should recognize and respect that element of the right of freedom of expression that embraces the limited journalistic privilege not to disclose information sources.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Activists
- Year
- 2011
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 51
- Paragraph text
- An "association" refers to any groups of individuals or any legal entities brought together in order to collectively act, express, promote, pursue or defend a field of common interests (see report of the Special Representative of the Secretary-General on human rights defenders, A/59/401, para. 46).
- 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
- Activists
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 65
- Paragraph text
- Authorities must also respect the right of associations to privacy as stipulated in article 17 of the Covenant on Civil and Political Rights. In this connection, authorities should not be entitled to: condition any decisions and activities of the association; reverse the election of board members; condition the validity of board members' decisions on the presence of a Government representative at the board meeting or request that an internal decision be withdrawn; request associations to submit annual reports in advance; and enter an association's premises without advance notice. The Special Rapporteur recognizes the right of independent bodies to examine the associations' records as a mechanism to ensure transparency and accountability, but such a procedure should not be arbitrary and must respect the principle of non-discrimination and the right to privacy as it would otherwise put the independence of associations and the safety of their members at risk. As a best practice, the decision of the African Commission on Human and Peoples' Rights found that the right to freedom of association had been violated when the Government of Nigeria provided the Nigerian Bar Association with a new governing body and laid down that 97 of the 128 members constituting this body would be appointed by the Government (report of the Special Rapporteur on the situation of human rights defenders, A/64/226, para. 34).
- 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
- Activists
- Year
- 2012
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 11
- Paragraph text
- For the purposes of the report, the groups most at risk will also include groups and individuals who are targeted not because of their identity, but because they actively lobby for the rights of those most at risk of discrimination and retribution. Human rights defenders, including journalists, trade unionists and environmental activists, among others, face considerable opposition, harassment, stigmatization and even physical attacks from State and non-State actors in many countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Contemporary challenges to freedom of expression 2016, para. 31
- Paragraph text
- Several States penalize sedition or treason in their laws, targeting critics. Malaysia, for instance, has continued to defend its ongoing prosecution of individuals on the basis of a law that criminalizes seditious words or tendencies, arguing that the law promotes "national harmony". In practice, however, dozens of individuals have been detained or subject to prosecution under the Sedition Act merely for expression critical of the Government. Swaziland detained activists on sedition charges following criticism of the monarchical system of government. India has pursued charges against individuals, including a folk singer accused of writing lyrics critical of local government, on the grounds of section 124 A of its Penal Code, which prohibits expression that may cause "hatred or contempt, or excites or attempts to excite disaffection" towards the Government. The Gambia has prosecuted a journalist on the grounds of "sedition" and the "publication of false news with intent to cause fear and alarm to the public" under Gambian law. Jordan has detained and prosecuted an academic for allegedly posting anti-Government comments on his Facebook page on the grounds of "undermining the political regime in the Kingdom".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 34
- Paragraph text
- Punishment for defamation of government officials is widespread and directly interferes with freedom of expression, whether by imposing penalties on expression or dissuading individuals from criticizing officials or government policy. Journalists and writers are regular targets of defamation prosecutions or civil lawsuits. In Angola, for instance, the Government charged and convicted an author of criminal defamation upon publication of a book on conflict diamonds and corruption in the country. Honduran officials have reportedly intimidated journalists and human rights defenders on charges of defamation. In Tajikistan, while the Government has eliminated criminal penalties for defamation in most cases (but not for defamation of the President), government officials may still bring civil defamation lawsuits against journalists or publishers. Particularly with respect to public figures, national laws should be careful to ensure that any respondent in a defamation case may raise a public interest defence, and even untrue statements made in error and without malice should not be rendered unlawful or subject to penalty (see Human Rights Committee, general comment No. 34, para. 47). The joint declaration on freedom of expression of 2000 by the Special Rapporteur, the Representative on Freedom of the Media of the Organization for Security and Cooperation in Europe and the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights cautioned against sanctioning defamation such that it chills the exercise of freedom of expression itself.
- 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
- Activists
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 42
- Paragraph text
- Non-State actors are especially responsible for attacks on individuals for expression of belief. Islamic State in Iraq and the Levant (ISIL), its affiliates and some of its supporters have committed atrocity after atrocity around the world on the basis of religious or ethnic affiliation or individual expression of belief. The attacks on Charlie Hebdo in Paris, for instance, were directed specifically against satirists who criticized all forms of dogma, religious or otherwise, although the killers in this instance were allegedly incensed over depictions of the Prophet Mohammed. Beyond ISIL, the series of murders of bloggers in Bangladesh reflects an effort to silence views that reject religious belief altogether. Such assaults are grave attacks on opinion, expression and belief, designed to silence - in a very direct way - not only the specific targets but also anyone who dares express an alternative viewpoint.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 48
- Paragraph text
- Women may also face particular restrictions targeting their expression. In 2013, the Human Rights Council affirmed the fundamental role that freedom of opinion and expression plays in the ability of women to interact with society at large, in particular in the realms of economic and political participation, and called upon States to promote, respect and ensure women's exercise of freedom of opinion and expression, both online and offline, including as members of NGOs and other associations (see Council resolution 23/2). Unfortunately, this commitment remains largely unfulfilled in many parts of the world. In 2014, in Saudi Arabia, two advocates for the rights of women were detained for driving. Earlier in 2016, I, along with other mandate holders, raised concerns about the systematic attacks and threats of sexual and physical violence made against three women human rights defenders and two women human rights lawyers in the State of Chhattisgarh, India.
- 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
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 49
- Paragraph text
- Government repression of artists of all sorts persists. For instance, the mandate holder has sent communications to the Islamic Republic of Iran pertaining to the detention of a graphic artist who made a drawing in protest against the banning of family planning, the detention and flogging sentence of human rights defenders for collections of poetry, the detention of two musicians and a film-maker for "propaganda against the State" and "insulting the sacred" through the production of underground music, and the detention of individuals for appearing in a video protesting a State ban on women watching sports in stadiums. The Egyptian Penal Code provides a basis for restricting artists in its article 98, which subjects to penalties "whoever exploits and uses the religion in advocating and propagating orally, in writing or by any other method, extremist thoughts with the aim of instigating sedition or division, or disdaining and contempting any of the heavenly religions or prejudicing national unity and social peace". Qatar detained a poet for criticizing the Amir of Qatar and praising the Tunisian revolution in poems. Saudi Arabia imposed the death sentence, later commuted, on a poet for apostasy. In Cuba, an artist was detained on the basis of a charge of intending to release two pigs named after Raul and Fidel Castro during an artistic demonstration.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 50
- Paragraph text
- While the threats to freedom of expression worldwide are severe, there remain important efforts to sustain a commitment to article 19. In the wake of the attacks in Paris in January 2015, dozens of the highest leaders of States gathered for a public demonstration that was, nominally, to support the right to freedom of expression and oppose terrorism. The moment proved to be as much theatre as commitment to law and policy, as no overarching Government-led effort to promote freedom of expression - such as the protection of journalists and artists - followed. Still, one may point to concrete examples that deserve to be emulated. Importantly, many (if not most) Governments proclaim in their Constitutions the right everyone enjoys to freedom of expression. Egypt's is typical, protecting in article 65 the freedom of expression "verbally, in writing, through imagery, or by any other means of expression and publication".
- 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
- Activists
- Year
- 2016
Paragraph
Contribution of the United Nations system as a whole to the advancement of the business and human rights agenda and the dissemination and implementation of the Guiding Principles on Business and Human Rights (2012), para. 17
- Paragraph text
- (b) To strengthen efforts relating to the development and promotion of more specific and coherent guidance, advocacy, capacity-building and engagement with relevant stakeholders, and to further integrate the business and human rights agenda into their activities consistent with their respective mandates; this should include capacity-building directed at Government agencies, business enterprises, national human rights institutions, non-governmental organizations, trade unions, human rights defenders active in the context of business operations and other stakeholders, with a particular focus on the needs of individuals and groups that are especially vulnerable to adverse impact;
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Cooperation between the United Nations andthe Council of Europe (2008), para. 07
- Paragraph text
- Welcoming the declaration of the Council of Europe to improve the protection of human rights defenders and promote their activities within the European sphere,
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Cultural rights and the protection of cultural heritage (2016), para. 32
- Original document
- Paragraph text
- (b) To invite States, the Special Rapporteur in the field of cultural rights and other relevant stakeholders from diverse regions, including experts and civil society organizations, and relevant United Nations agencies, funds and programmes, other international organizations and cultural rights defenders involved in the protection of cultural heritage to participate actively in the above-mentioned seminar;
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2005), para. 06
- Paragraph text
- Recalling that human rights defenders are entitled to equal protection of the law, and deeply concerned about any abuse of civil or criminal proceedings against them because of their activities for the promotion and protection of human rights and fundamental freedoms,
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2005), para. 28
- Paragraph text
- 14. Encourages States to promote awareness and training in regard to the Declaration in order to enable officials, agencies, authorities and the judiciary to observe the provisions of the Declaration and thus to promote better understanding and respect for human rights defenders;
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2006), para. 21
- Paragraph text
- 5. Also calls upon all States to ensure, protect and respect the freedom of expression and association of human rights defenders and, where registration is required, to facilitate registration, including through the establishment of effective and transparent criteria and non-discriminatory, expeditious and inexpensive procedures in accordance with national legislation;
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2006), para. 27
- Paragraph text
- 12. Encourages States to promote awareness and training in regard to the Declaration in order to enable officials, agencies, authorities and the judiciary to observe the provisions of the Declaration and thus to promote better understanding and respect for human rights defenders;
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights andFundamental Freedoms (2010), para. 20
- Paragraph text
- 5. Calls upon States to respect, protect and ensure the rights to freedom of expression and association of human rights defenders and in this regard to ensure, where procedures governing registration of civil society organizations exist, that these are transparent, non-discriminatory, expeditious, inexpensive, allow for the possibility to appeal and avoid requiring re-registration, in accordance with national legislation, and are in conformity with international human rights law;
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibility ofIndividuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2003), para. 06
- Paragraph text
- Recalling that human rights defenders are entitled to equal protection of the law, and deeply concerned about any abuse of civil or criminal proceedings against them because of their activities for the promotion and protection of human rights and fundamental freedoms,
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibility ofIndividuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2004), para. 07
- Paragraph text
- Recalling that human rights defenders are entitled to equal protection of the law, and deeply concerned about any abuse of civil or criminal proceedings against them because of their activities for the promotion and protection of human rights and fundamental freedoms,
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibilityof Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2008), para. 10
- Paragraph text
- Recognizing the substantial role that human rights defenders can play in supporting efforts to strengthen peace and development, through dialogue, openness, participation and justice, including by monitoring, reporting on and contributing to the promotion and protection of human rights,
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Declaration on the Right and Responsibilityof Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2008), para. 21
- Paragraph text
- 5. Also calls upon all States to ensure, protect and respect the freedom of expression and association of human rights defenders and, where registration is required, to facilitate registration, including through the establishment of effective and transparent criteria and non-discriminatory, expeditious and inexpensive procedures in accordance with national legislation;
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66h
- Paragraph text
- The work of human rights defenders and the much-needed space for civil society, including for non-governmental organizations and for lesbian, gay, bisexual, transgender and intersex groups and persons, calls for effective safeguards against incursions and reprisals from various protagonists (whether State or non-State actors) who do not comply with human rights. Cooperation with a multiplicity of actors, including community leaders (such as political and religious leaders) and those in the medical and scientific professions, the business sector and the media (e.g. social networks) should be fostered in order to protect against violence and discrimination on the basis of sexual orientation and gender identity, with that protection underscored by international human rights law. This is interlinked with the call for broad-based education, awareness-raising and action responsive to issues of sexual orientation and gender identity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Year
- 2017
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 54
- Paragraph text
- In line with the Declaration on Human Rights Defenders, the primary duty and responsibility to promote and protect human rights and fundamental freedoms lies with the State. This includes guaranteeing the right of everyone, individually and in association with others, to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels (art. 1). Thus, States have the obligation to undertake the required steps to create all conditions necessary, including in the political and legal domains, to ensure that everyone under their jurisdiction can enjoy all those rights and freedoms in practice (art. 2), including the right to promote and defend human rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 60
- Paragraph text
- The defence and promotion of human rights is a legitimate and courageous activity which is necessary to ensure that communities can fully enjoy their entitlements and realize their potential. Defenders can play a key role in safeguarding democracy and ensuring that it remains open, pluralistic and participatory and in line with the principles of rule of law and good governance. Defenders should be able to carry out their activities in an environment that empowers them to defend all human rights for all.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 65
- Paragraph text
- The Special Rapporteur remains concerned by the trends of judicial harassment and stigmatization of women human rights defenders, including those working on religious practices in relation to blasphemy legislation, and defenders working on sexual and reproductive rights in relation to legislation on public morals. She is also concerned with recent legislative moves to purportedly curb the promotion of homosexuality and the constraints that defenders of the rights of lesbian, gay, bisexual and transgender persons face due to criminalization of same-sex relations in over 75 countries worldwide.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2014
Paragraph
Elements of a safe and enabling environment for human rights defenders 2014, para. 66
- Paragraph text
- The exercise of public freedoms is essential in any democratic society but even more so when it comes to claiming and defending rights. This is why the Special Rapporteur has repeatedly underlined the importance of defenders being able to exercise their rights to freedom of opinion and expression, freedom of association and peaceful assembly without undue restrictions in law or practice.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2014
Paragraph