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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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 18
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- Successes and achievements of civil society in recent years have been thoroughly investigated and recorded (see A/HRC/35/28). They were, by and large, acknowledged, recognized and endorsed by delegations during the clustered interactive dialogue held by the Human Rights Council with the Special Rapporteur on 7 June 2017 (A/HRC/35/28, para. 4). Yet, since the establishment of the mandate in October 2010, the voices of civil society have been restricted or silenced, if not eliminated, in every region across the globe. Mass surveillance, obstructive regulation of democratic space, including online, overly restrictive legislation to regulate association and limit the exercise of fundamental public freedoms, with frequent use of counter-terrorism legislation to curtail dissenting voices, and harassment of and violence against human rights defenders and ordinary people who exercise their right to express opinions in peaceful protests are all too common.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Activists
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 27
- Paragraph text
- The Human Rights Council has reaffirmed those principles through a number of resolutions. Most recently, on 23 June 2017, it adopted resolution 35/21 on the contribution of development to the enjoyment of all human rights. In the resolution, the Council recognized the common aspiration of the international community to build a shared future for human beings and affirmed that development contributed significantly to the enjoyment of all human rights. It called upon all countries to realize people-centred development of the people, by the people and for the people, and called upon all States to enhance international cooperation and to spare no effort in promoting sustainable development, in particular while implementing the 2030 Agenda for Sustainable Development, as it was conducive to the overall enjoyment of human rights. The Council also welcomed further efforts to promote development initiatives with the aim of promoting partnerships, win-win outcomes and common development.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 28
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- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 36
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- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 50
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- The Special Rapporteur will examine how Governments are increasingly targeting social networks and online communities, in other words, associational activities occurring on the Internet, and will argue that many of the targeted groups are protected “associations” under international law. In this context, a particular focus is warranted on the legal protection of “informal” associations online. The distinction is also to be highlighted between limitations on the use of the Internet that amount to a violation of the freedom of association online and those impinging upon the exercise of the right to freedom of assembly offline.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 75
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- The Special Rapporteur is aware of her responsibility as a mandate holder vis-à-vis the Human Rights Council in determining whether and how the Council should respond to a situation of concern in accordance with objective and human rights-based criteria such as those elaborated in joint statements delivered at the Council, for example, those made by Ireland at its thirty-second session, by Maldives at its twentieth session and, most recently, by the Netherlands at its thirty-fifth. That responsibility is one that she takes very seriously when she recommends that the Council consider action to prevent, respond to or address violations and to assist in the de-escalation of a situation of concern.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 11
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- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 26a
- Paragraph text
- [In the Declaration on the Right to Development, adopted by the General Assembly on 4 December 1986 in its resolution 41/128, the Assembly called for every member of society to be empowered to participate fully and freely in vital decisions. The Declaration and its principles formed the basis for the conceptualization of a human rights-based approach to development. In the statement of common understanding on human rights-based approaches to development cooperation and programming, adopted by the United Nations in 2003, that approach was outlined as follows:] All programmes of development cooperation, policies and technical assistance should further the realization of human rights as laid down in the Universal Declaration of Human Rights and other international human rights instruments;
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 30
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- The Special Rapporteur is committed both to ensuring accountability for business actors in line with the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework and to working together with existing networks with a view to identifying ways that businesses and society can benefit from increased support from the private sector, in partnership with Governments, to create positive and enabling operating environments characterized by good governance, respect for the rule of law and human rights, equality and diversity.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 29
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- Business is often at the origin of violations of human rights, including the rights to freedom of peaceful assembly and of association. In this regard, the Special Rapporteur also wishes to emphasize the potentially positive role of business in defending human rights. A number of companies from various industry sectors are increasingly realizing that the protection of civic society organizations and individuals is not only right, but also in their interest.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 43
- Paragraph text
- Overall, the previous mandate holder brought great substance to the debate and made substantial contributions to identifying legal standards concerning the establishment, management and, most crucially, the financing of the various forms of civil society organizations and the management of assemblies.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 59
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- Considering the wealth of thematic research and recommendations produced in the first six years of the mandate, it is of utmost importance for the Special Rapporteur to increase the visibility of and disseminate this work, together with her future work, as broadly and widely as possible, so that it is known and used both internationally and at the national level to advance the rights to freedom of peaceful assembly and of association.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 72
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- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 22
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- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 35
- Paragraph text
- In his third report to the Human Rights Council (A/HRC/26/29), in which he assessed the threats against groups most at risk when exercising their rights to freedom of peaceful assembly and association, the previous mandate holder focused on the challenges facing groups that were often relegated to the margins of society, both in their daily lives and in the exercise of those rights. In the report, he highlighted the link between the denial of those rights and the marginalization of such groups and how that marginalization exacerbated their inability to effectively exercise their rights. Some of the groups considered to be most at risk were persons with disabilities; youth, including children; women; lesbian, gay, bisexual, transgender and intersex people; members of minority groups; indigenous peoples; internally displaced persons; and non-nationals, including refugees, asylum seekers and migrant workers. For the purpose of the report, the groups most at risk also included groups and individuals who were targeted not because of their identity, but because they actively lobbied for the rights of those most at risk of discrimination and retribution. He noted that human rights defenders, including journalists, trade unionists and environmental activists, faced considerable opposition, harassment, stigmatization and even physical attacks from State and non-State actors in many countries.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Ethnic minorities
- LGBTQI+
- Persons on the move
- Women
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 15
- Paragraph text
- The rights to freedom of peaceful assembly and of association are fundamental rights that form the basis of the full enjoyment of other rights, as they enable the exercise of a number of civil, political, economic, cultural and social rights.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 46a
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] The distinction between situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, and cases of armed conflicts not of an international character. The latter trigger the application of article 3 common to the Geneva Conventions relating to the protection of victims of international armed conflicts and the application of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts. In that respect, the Special Rapporteur will discuss the principle that international humanitarian law does not apply to the exclusion of fundamental human rights law, but fully complements it;
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 45
- Paragraph text
- The current mandate holder intends to contribute to the development of international standards for the exercise of the rights to freedom of peaceful assembly and of association and to focus on their implementation or lack thereof. To that end, she will strive to ensure that every paragraph in her reports conveys a relevant piece of information for States, civil society organizations and all relevant stakeholders. As mandated by the Human Rights Council in its resolution 15/21 (para. 5 (d)), she will integrate a gender perspective throughout her work.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Gender
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 25
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- In the Universal Declaration of Human Rights, human rights were recognized as the foundation of freedom, justice and peace. In the unanimously adopted Vienna Declaration and Programme of Action, democracy, development and respect for human rights and fundamental freedoms were evoked as interdependent and mutually reinforcing.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 49
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- The rights to freedom of assembly and of association in the digital sphere are increasingly the subject of restrictive laws and policies. There is a need, therefore, to discuss them in view of the challenges of the digital age and to explore the connection between those rights, specifically, and new technologies.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 68
- Paragraph text
- The media will be accessed and used whenever it is truly believed that drawing public attention to specific situations has a reasonable prospect of either improving the promotion and protection of the freedom of peaceful assembly and of association for the people on the ground or of preventing their violation.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 54
- Paragraph text
- In this regard, of particular concern to the Special Rapporteur is the question of the consultative status of non-governmental organizations with the Economic and Social Council and the process governing their accreditation with international organizations other than the United Nations.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 64
- Paragraph text
- A total of 117 Member States and one non-member observer State have extended a standing invitation to thematic special procedures mandate holders. The Special Rapporteur will work in close cooperation with the Working Group on the Universal Periodic Review to ensure that all Member States extend a standing invitation to mandate holders. She will also endeavour to ensure that each standing invitation corresponds to an actual request for a country visit by the mandate holder.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 73
- Paragraph text
- Moreover, while various professional associations and non-governmental organizations will be able and willing to provide support on a case-by-case basis, the Special Rapporteur seeks specialized human resources to establish a legal clinic to provide the legal research and drafting services needed for the preparatory work for the actual filing of amicus curiae briefings and expert opinions.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 57
- Paragraph text
- The above thematic priorities are not set in stone, but will be updated by the Special Rapporteur as she encounters new challenges and concerns and receives suggestions as to other topics for her future reports.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 8
- Paragraph text
- The vision of the Special Rapporteur is influenced and shaped by a number of factors, outlined below, which will inform and guide her own work with regard to the mandate.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- N.A.
- Año
- 2017
Párrafo
The Special Rapporteur's vision of the mandate 2017, para. 79
- Paragraph text
- The Special Rapporteur will cooperate with international organizations both inside and outside the United Nations system, in particular ILO, while being mindful of paragraph 5 (g) of Human Rights Council resolution 15/21, according to which her tasks include undertaking activities “such that the present mandate will not include those matters of specific competence of the International Labour Organization and its specialized supervisory mechanisms and procedures with respect to employers’ and workers’ rights to freedom of association, with a view to avoiding any duplication”.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2017
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