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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 64 | Aug 19, 2019 | Paragraph | Furthermore, States have a negative obligation not to unduly obstruct the exercise of the right to freedom of association. Members of associations should be free to determine their statutes, structure and activities and make decisions without State interference (e.g. legislation in Bulgaria, Slovakia and Slovenia). Associations pursuing objectives and employing means in accordance with international human rights law should benefit from international legal protection. Associations should enjoy, inter alia, the rights to express opinion, disseminate information, engage with the public and advocate before Governments and international bodies for human rights, for the preservation and development of a minority's culture or for changes in law, including changes in the Constitution. The Special Rapporteur recognizes that the formation of associations embracing minority or dissenting views or beliefs may sometimes lead to tensions, but he emphasizes the duty of the State to ensure that everyone can peacefully express their views without any fear. For instance, in Lesotho, the Registrar General registered the first ever lesbian, gay, bisexual and transgender organization in the country called Matrix in November 2010 (after numerous delays). | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2012 | ||
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 18 | Aug 19, 2019 | Paragraph | [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Protect people from homophobic and transphobic violence, prevent torture and cruel, inhuman and degrading treatment on the grounds of sexual orientation and gender identity and also prohibit discrimination on those grounds, repeal laws criminalizing homosexuality, safeguard the freedoms of expression, association and peaceful assembly for LGBTI people and recognize the rights of LGBTI people to enjoy or exercise, on an equal basis with others, all human rights and fundamental freedoms (A/HRC/19/41); | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2014 | ||
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. 30 | Aug 19, 2019 | Paragraph | Some of the most prominent examples include "public morality" laws that have been used selectively against those promoting LGBTI rights. In June 2013, the President of the Russian Federation signed legislation banning "propaganda of non-traditional sexual relations" among minors. There is no legal definition in the Russian law of what constitutes non-traditional sexual relations, but it is widely acknowledged to be code for homosexual relations. While legislators have argued that the main purpose of the law is to protect children, the Committee on the Rights of the Child expressed concern at the law and recommended its repeal, as it found that it encouraged the stigmatization and discrimination of LGBTI children and the targeting and persecution of the LGBTI community (CRC/C/RUS/CO/4-5, para. 25). | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2014 | ||
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. 55 | Aug 19, 2019 | Paragraph | The Special Rapporteur emphasizes that the right to freedom of association applies equally to associations that are not registered (A/HRC/20/27, para. 96). He endorses as best practice a voluntary registration regime that permits unregistered associations to operate. The Special Rapporteur notes with approval the recent ruling by a magistrate's court in Zimbabwe, quashing charges of running an unregistered organization preferred against a member of the Gays and Lesbians of Zimbabwe association. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2014 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 24 | Aug 19, 2019 | Paragraph | Article 71 of the Charter of the United Nations, for example, is implemented primarily via the United Nations Committee on Non-Governmental Organizations, which recommends Economic and Social Council status for NGOs wishing to participate in the Council. Status is required of NGOs to attend and participate in many United Nations meetings, and to make statements before the Human Rights Council. The Special Rapporteur received numerous complaints that the process of obtaining Council status is long, complex, costly, beyond the capability of many small civil society organizations and impossible to obtain for informal organizations and grass-roots networks, in particular those which do not have access to the Internet. This has resulted in a perceived underrepresentation of smaller organizations, such as lesbian, gay, bisexual and transgender groups and civic organizations from the Global South. In addition to these practical barriers, NGO applicants also face political ones. The Special Rapporteur reviews both in section IV below. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2014 |
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