A/HRC/RES/56/10 Recognizing also that any such restrictions must be based in law, and be necessary and proportionate to further a legitimate aim, in accordance with the State’s obligations under applicable international human rights instruments, and that, if imposed, administrative or judicial review that is prompt, competent, independent and impartial should be available, Recognizing further that the imposition of any restriction to the right to freedom of peaceful assembly must be in line with article 21 of the International Covenant on Civil and Political Rights, be imposed on a case-by-case basis, avoiding unnecessary and disproportionate limitations on it, and that any such restriction must not be discriminatory, impair the essence of the right or be aimed at discouraging participation in assemblies, Reaffirming that emergency measures taken by Governments must be necessary, proportionate to the evaluated risk and applied in a non-discriminatory way, have a specific focus and duration and be in accordance with the State’s obligations under applicable international human rights law, Recalling article 21 of the International Covenant on Civil and Political Rights, and acknowledging that peaceful assemblies can take place outdoors, indoors or online, in public or private spaces, or in a combination thereof, be stationary or mobile, and that they can take many forms, including protests, Recalling also that States have the primary responsibility for the promotion and protection of human rights and fundamental freedoms, including in the context of assemblies such as peaceful protests, and to ensure that national legislation, policies and practices, as the national framework for the exercise of the rights to freedom of peaceful assembly, of expression and of association, are in compliance with their international human rights obligations and commitments, Acknowledging that participation in peaceful protests can be an important form of exercising the rights to the freedom of peaceful assembly, of expression, of association and of participation in the conduct of public affairs, Noting that the proper management of assemblies is central to respect for and the protection of human rights before, during and after an assembly, when focused on its facilitation and with the aim to contribute to its peaceful conduct and to prevent injuries to and loss of life of those participating in and monitoring such protests, medical personnel, bystanders and officials exercising law enforcement duties, Acknowledging that peaceful protests may occur in all societies, including protests that are spontaneous, simultaneous, unauthorized, unnotified or restricted, and that such protests fall within the scope of article 21 of the International Covenant on Civil and Political Rights, Recognizing that peaceful protests can make a positive contribution to sustainable peace, democratic transitions and the development, strengthening and effectiveness of democratic systems and to democratic processes, including elections and referendums, as well as to the rule of law, Recognizing also that peaceful protests have historically played a constructive social and political role in the development of more just, equal and accountable societies, and that such protests can continue to make a positive contribution to human development, the advancement of environmental and racial justice, peace and transitional justice and to the full enjoyment of civil, political, economic, social and cultural rights, Recognizing further that peaceful protests should be seen as spaces where individuals, communities and groups facing marginalization and discrimination can safely assemble to voice their views and opinions and to claim their individuals rights, while noting with concern that the space for civil society and citizen activism is shrinking in many parts of the world, and underscoring the need to ensure and strengthen inclusive, diverse and meaningful participation, including in times of crisis, without discrimination of any kind, Reaffirming that everyone has the right to life, liberty and security of person, Reaffirming also the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment in all circumstances, including in the context of peaceful protests and even when an assembly is no longer peaceful, 2