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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. 7
- Paragraph text
- Backlash from the Arab Spring of early 2011 continues to be felt globally, with increasingly less space in which civil society actors can promote or defend collectively a field of mutual interest. Democracy involves more than just exercising the right to vote. For democracy to flourish, people must be guaranteed the whole range of fundamental rights and freedoms, including the rights to freedom of expression and of assembly, as a means to influence the public policies of the State. In recent years many States have responded to people's assertions of peaceful dissent by violently clamping down on peaceful protests and other forms of assembly, unduly restricting the ability of associations to form and operate, and physically assaulting civil society actors.
- 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
- Personas afectadas
- All
- Año
- 2014
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 25
- Paragraph text
- Effective engagement also requires a robust mechanism for ordinary citizens to submit information and complaints. Multilateral institutions should do more to expand their efforts in this area. The World Bank, for example, has the Office of the Compliance Advisor/Ombudsman and its Inspection Panel, an independent complaints mechanism for people and communities who believe that they have been, or are likely to be, adversely affected by a World Bank-funded project. Although some have criticized these processes for failing to protect labour rights and not adequately guarding against discrimination, the concept of having such a complaint system is a good one and should be encouraged.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
Párrafo
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. 31
- Paragraph text
- Human Rights Council resolution 22/6 calls upon States to ensure that "that no law should criminalize or delegitimize activities in defence of human rights on account of the origin of funding thereto." Article 2 of the International Covenant on Economic, Social and Cultural Rights requires States to "take steps, individually or through international assistance and co-operation […] to the maximum of their available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant". Coupled with article 11 of the same Covenant, which provides for States to "take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent" (emphasis added), this means that States have the obligation to mobilize resources that are available within the society as a whole, but also to gather those that are available from the international community. Hence, restrictions on foreign funding under the guise of preservation of State sovereignty arguably constitute a violation of States' obligation to respect, protect and fulfil these rights, as it amounts to failure on the part of the State to maximize resources through international assistance and cooperation. This is also the sense of the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, which stipulate that violations of these rights notably include: "the adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to these rights […]; the adoption of any deliberately retrogressive measure that reduces the extent to which any such right is guaranteed."
- 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
- 2013
Párrafo
Comparative study of enabling environments for associations and businesses 2015, para. 106
- Paragraph text
- He believes that these differences are motivated more by politics than practicality. Economic and commercial interests are prized over what are perceived as non-economic activities. Consequently, the influence and opinions of industry take precedence in State policy over social justice and fundamental rights. This approach ignores the fact that a vibrant civil society is essential for sustainable economic development, and that businesses benefit from an empowered civil society sector.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 2015
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 55
- Paragraph text
- The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights both explicitly protect the right to form and join trade unions. International human rights law also imposes upon States a duty to actively promote, encourage and facilitate the enjoyment of fundamental rights, including labour rights (A/70/266, para. 4). Further, the notion that States should promote trade unionism among workers is implicit in the International Covenant on Economic, Social and Cultural Rights. States must take measures to ensure that third parties do not interfere with union rights.
- 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
- 2016
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 58
- Paragraph text
- States have the primary role in preventing or halting violations of workers' rights to freedom of peaceful assembly and of association, with clear obligations to protect, promote, facilitate and fulfil those rights, even in the global economy. Yet workers' ability to exercise their rights is in precipitous decline. Many States place obstacles, both in law and practice, that restrict workers' rights or fail to enforce laws protecting those rights. The International Trade Union Confederation found that 50 of 141 countries surveyed had such restrictions.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2016
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 17
- Paragraph text
- The values of pluralism, tolerance and broadmindedness are at the core of any successful and stable democratic State. Indeed, the European Court of Human Rights has stated that there can be no democracy without pluralism. The Special Rapporteur has previously noted (see A/HRC/26/29, para. 31) that the rights to freedom of peaceful assembly and of association are so fundamental in part because of their crucial role in promoting pluralism. They provide a platform for all people - including those at the margins - in any society to mobilize, organize, and work towards change in a peaceful manner.
- 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
- All
- Año
- 2016
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 18
- Paragraph text
- The values of pluralism and tolerance also lie at the heart of the International Covenant on Civil and Political Rights. Article 2 (1) requires each State party "to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Furthermore, article 20 (2) prohibits advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
- 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
- All
- Año
- 2016
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 4
- Paragraph text
- Democracy, as a system through which the people participate directly or indirectly in the conduct of public affairs, has broad appeal across the globe. Elections, referendums and plebiscites, in which people choose their representatives and express their choice of laws or policies, are held in the majority of countries in the world. As stipulated in article 21 (3) of the Universal Declaration of Human rights, democracy is a process in which "[t]he will of the people [is] to be the basis of the authority of government". It is commonly thought of as a process with regular periodic, free and competitive elections to decide on policies directly or indirectly through chosen representatives that must be accountable to their electorate. In other words, democracy, as reflected in the electoral process, generally involves the use of clear predictable processes with uncertain outcomes, while a non-democracy can be identified by the fact that the whole electoral process is characterized by unclear and uncertain processes but with predictable outcomes. Nevertheless, the quality of elections is increasingly coming under scrutiny in order to ensure that election outcomes are representative of the will of the people. Elections confer legitimacy on Governments; if those elections are not considered to reflect the will of the people, therefore, a sense of discontent and disenfranchisement may result and sometimes cause violent conflict. In order to sustain the democratic ideal, it is necessary for regimes to uphold the rule of law, respect and protect human rights and remain vigilant and responsive to peoples' views and opinions at all times.
- 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
- All
- Año
- 2013
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 12
- Paragraph text
- In its resolution 15/21, the Human Rights Council calls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections. In addition to the notion of democracy, the rights to freedom of peaceful assembly and of association are implicit in the right to take part in the Government of one's country, as affirmed in the Universal Declaration of Human Rights, which states in article 21 (3) that "[t]he will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures". Similarly, article 25 of the International Covenant on Civil and Political Rights affirms every citizen's right without prohibited distinctions and unreasonable restrictions: (a) to take part in the conduct of public affairs, directly or through freely chosen representatives; (b) to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; and (c) to have access, on general terms of equality, to public service in his country. The Human Rights Committee recognizes that the full enjoyment of those rights depends on the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives, which requires the free exercise of the rights to peaceful assembly and association, among other rights (general comment No. 25, para. 25). The General Assembly, in its resolution 59/201 declared that freedom of association and peaceful assembly were essential elements of democracy, together with the right to vote and to be elected at genuine periodic free elections, and encouraged the strengthening of political party systems and civil society organizations.
- 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
- All
- Año
- 2013
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 15
- Paragraph text
- In order to provide robust protection to civic engagement at the multilateral level, it must be recognized that freedom of peaceful assembly and of association are inextricably intertwined with the right to take part in the conduct of public affairs, the right to freedom of opinion and expression, the right of access to information and other relevant rights, such as articles 25 and 19 of the International Covenant. The Human Rights Committee, in general comment 25, paragraph 5, recognizes the right to participate in public affairs to cover "all aspects of public administration, and the formulation and implementation of policy at international, national, regional and local levels". Similarly, the freedoms of opinion and expression are necessary components to ensuring that civic voices are heard at the multilateral platforms. For civil society to engage effectively in global decision-making, the right to access information is indispensable.
- 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
- All
- Año
- 2014
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 53
- Paragraph text
- Activities that involve monitoring and observation of the conduct of election processes by international groups may also be subject to undue restrictions. In this context, it is worth recalling that the protection of State sovereignty against external interferences is not listed as a legitimate interest in article 22 of the International Covenant on Civil and Political Rights. The Special Rapporteur underscores the fact that States cannot refer to additional grounds, even those provided by domestic legislation, to restrict the right to freedom of association. Hence, restrictive measures imposed under this guise unduly limit associations in their free operations. Governments that exclude independent international observers from electoral processes by enacting legislation to this effect, by making the process of registering as an election monitor burdensome, or by inviting only friendly observation groups that will not be critical in their monitoring, thus diluting or countering any criticism by independent impartial groups, do not guarantee the right to freedom of association. The Special Rapporteur recognizes that elections constitute a significant event in the life of a nation and should be protected from foreign interference. Nevertheless, he also recognizes the need to establish clear, specific and objective criteria that would enable independent and impartial election observation by all monitors, including from abroad. In this regard, blanket restrictions on international election observers groups are inherently disproportionate and thus incompatible with international law standards.
- 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
- All
- Año
- 2013
Párrafo
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. 17
- Paragraph text
- The Human Rights Committee understands "discrimination" to imply "any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms". The Committee has established that sexual orientation and gender identity also constitute prohibited grounds for discrimination under article 2 of the Covenant. Discrimination results from legislation and practices that explicitly exclude or target groups or individuals in those groups.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Gender
- Personas afectadas
- All
- Año
- 2014
Párrafo
Comparative study of enabling environments for associations and businesses 2015, para. 53
- Paragraph text
- Likewise, there is no basis in international human rights law for imposing more burdensome reporting requirements upon associations than upon businesses. Justifications such as protecting State sovereignty or ensuring aid effectiveness are not legitimate bases under the International Covenant on Civil and Political Rights. Even legitimate State interests, such as protecting national security, should not be used to justify excessive intrusion. Restrictions on the right to freedom of association must be based on individualized and identifiable suspicion, not upon pre-emptive suspicion of an entire sector.
- 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
- 2015
Párrafo
Comparative study of enabling environments for associations and businesses 2015, para. 67
- Paragraph text
- The Special Rapporteur has repeatedly underlined that the ability to seek, secure and use resources - from domestic, foreign and international sources - is essential to the existence and effective operations of any association, no matter how small. Undue restrictions on this ability are a clear violation of the right to freedom of association. Despite this, the Special Rapporteur has found that a number of States impose severe restrictions on associations' ability to access financial, human and material resources, while much more actively promoting business investment activity.
- 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
- All
- Año
- 2015
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 17
- Paragraph text
- At the same time, the global attack on labour rights has made it disturbingly clear that the old ways of defending workers' rights are no longer working. Our world and its globalized economy are changing at lightning pace, and it is critical that the tools we use to protect labour rights adapt just as quickly. A first step towards that goal is to obliterate the antiquated and artificial distinction between labour rights and human rights generally. Labour rights are human rights, and the ability to exercise those rights in the workplace is a prerequisite for workers to enjoy a broad range of other rights, whether economic, social, cultural, political or otherwise.
- 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
- 2016
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 56
- Paragraph text
- The Special Rapporteur is gravely concerned about States that place excessive restrictions on people's ability to practise the religion of their choice, or that pressure people to abstain from practising a religion altogether. Such restrictions clearly impact on enjoyment of article 18 of the International Covenant on Civil and Political Rights, which protects the right to freedom of thought, conscience and religion. But restrictions on the ability to form religious associations and/or to join religious gatherings also directly implicate the rights to freedom of peaceful assembly and of association. In the Special Rapporteur's view, States cannot claim to uphold assembly and association rights when they criminalize freedom of religious (or irreligious) expression and thought. The right to believe and express thoughts freely is a precondition for the exercise of the rights to freedom of peaceful assembly and of association; the latter rights simply allow like-minded people to express themselves collectively.
- 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
- Personas afectadas
- All
- Año
- 2016
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 91
- Paragraph text
- The Special Rapporteur emphasizes that the rights to freedom of peaceful assembly and of association are due to everyone without distinction. This includes both those who hold fundamentalist views and those who hold differing views. The rights to freedom of peaceful assembly and of association play a key role in promoting tolerance, broadmindedness, diversity and pluralism. States must walk a fine line in balancing the rights of various groups and must ensure that one group is not favoured, either in policy or in practice. Such rights must therefore not only be protected but also facilitated.
- 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
- Personas afectadas
- All
- Año
- 2016
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 30
- Paragraph text
- Everyone has the right to form or join a political party and conversely, no one should be compelled to belong to a political party. The Human Rights Committee, in its general comment No. 25 (para. 26), has stated that political parties and membership in parties play a significant role in the conduct of public affairs and the election process. Political parties are indeed the primary vehicles through which people can participate in the conduct of public affairs. The Special Rapporteur recognises political parties as a subset of associations included in the right to freedom of association enshrined in article 22 of the International Covenant on Civil and Political Rights. As such, the principles and minimum standards elaborated by the Special Rapporteur in his thematic report on best practices (A/HRC/20/27) generally apply to the regulation of political parties. Nevertheless, political parties are organizations formed to carry out particular objectives, that is, presenting candidates for elections in order to be represented in political institutions and to exercise political power on any level, national or local, and may therefore be subject to specific requirements not necessary for other civil society organizations. According to the European Court of Human Rights, it is in the nature of the role they play that political parties, the only bodies which can come to power, also have the capacity to influence the whole of the regime in their countries. By the proposals for an overall societal model which they put before the electorate and by their capacity to implement those proposals once they come to power, political parties differ from other organizations which intervene in the political arena.
- 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
- 2013
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 48
- Paragraph text
- Governments in many countries are increasingly imposing restrictions on civil society's ability to engage in the establishment of transparent, accountable and fair democratic machinery and also from undertaking activities such as election monitoring and voter mobilization. Barriers include the prohibition for certain groups to register as associations; the prohibition from carrying out some activities where a restrictive list of authorized activities is not provided by the legal framework; the obligation to adopt negative labels; the denial of accreditations to associations to observe and monitor elections; or even the imposition of sanctions or threats of sanctions for engaging in activities related to the electoral process. In the Russian Federation, the implementation of the 2012 Introducing Amendments to Certain Legislative Acts of the Russian Federation Regarding the Regulation of Activities of Non-commercial Organizations Performing the Function of Foreign Agents, the compliance of which with international standards is analysed in depth in the Special Rapporteur's second thematic report to the Human Rights Council (A/HRC/23/39), has led to audits and inspection campaigns against numerous civic organizations that have conducted "political activities" and have failed to register as a "foreign agent". One of them, Golos Association for the defence of the rights of voters, whose Internet website was hacked in the run-up to the parliamentary elections, was, in April 2013, the first organization to be penalized under the new law.
- 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
- All
- Año
- 2013
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 33
- Paragraph text
- Political parties are entitled to a level playing field in order to compete fairly in the electoral contest. A level playing field does not mean that all parties should have the same treatment in every case; rather, they should receive equitable treatment based on reasonable and objective criteria. All parties complying with international human rights norms and standards are entitled to equality of opportunity. As such, at a minimum, no political party should be discriminated against, unfairly advantaged or disadvantaged by the State. In the present report, the Special Rapporteur emphasizes equality of opportunity for political parties in respect of their ability to access funding and to exercise their rights to freedom of expression, including through peaceful demonstrations.
- 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
- Personas afectadas
- All
- Año
- 2013
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 32
- Paragraph text
- The Special Rapporteur notes the increased use of the Internet, in particular social media, and other information and communication technology, as basic tools which enable individuals to organize peaceful assemblies. However, some States have clamped down on these tools to deter or prevent citizens from exercising their right. In this connection, the Special Rapporteur refers to a recent report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in which he recommended, inter alia, that "all States [should] ensure that Internet access is maintained at all times, including during times of political unrest" (A/HRC/17/27, para. 79) and "any determination on what [website] content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences" (para. 70).
- 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
- All
- Año
- 2012
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 15
- Paragraph text
- According to article 4 of the International Covenant on Civil and Political Rights, the right of peaceful assembly and the right to freedom of association are not absolute rights. Resolution 15/21 (OP 4) makes clear that they "can be subject to certain restrictions, which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others".
- 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
- Health
- Personas afectadas
- All
- Año
- 2012
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 34
- Paragraph text
- In his second thematic report (A/HRC/23/39), the Special Rapporteur identified the ability of associations to access financial resources as an integral element of the right to freedom of association. The question of funding has far-reaching consequences on the right to freedom of association for political parties in the context of elections. Funding ensures that political parties are able to function on a day-to-day basis, to participate in the political arena, to represent a plurality of views, interests and perspectives, thus strengthening democracy. Funding may also have perverse effects on democratic potential, requiring certain regulation. The Special Rapporteur shares the view of the Human Rights Committee, in general comment No. 25 (para. 19) that reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party.
- 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
- N.A.
- Año
- 2013
Párrafo
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. 72
- Paragraph text
- The rights to freedom of peaceful assembly and of association play a key role in empowering individuals belonging to groups most at risk to claim other rights and overcome the challenges associated with marginalization. Such rights must therefore not only be protected, but also facilitated. It is the responsibility of all stakeholders to ensure that the voices of individuals belonging to groups most at risk are heard, and taken into account, in compliance with the principles of pluralism of views, tolerance, broadmindedness and equity.
- 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
- Personas afectadas
- All
- Año
- 2014
Párrafo
Comparative study of enabling environments for associations and businesses 2015, para. 15
- Paragraph text
- Businesses have been chosen as a point of comparison for this report because of their similarities to associations as non-State actors and because they frequently occupy a place of privilege. We live in an era where political discourse often revolves around the economy, jobs and growth. Businesses, particularly large corporations, exert enormous power over the economy, and consequently have great influence with political leaders. Large businesses in particular also tend to have greater wealth, which in turn allows them to harness the power of the State, whether through legal means, for example lobbying and donations to political parties, or through corruption.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- N.A.
- Año
- 2015
Párrafo
Comparative study of enabling environments for associations and businesses 2015, para. 21
- Paragraph text
- The Special Rapporteur's analysis is based on the premise that States have an obligation under international law to take measures to both protect and promote the rights to freedom of peaceful assembly and of association. Restrictions on these rights must be strictly motivated by the limited concerns which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. As stated by the Human Rights Committee, where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of these rights.
- 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
- Health
- Personas afectadas
- All
- Año
- 2015
Párrafo
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. 71
- Paragraph text
- The Special Rapporteur emphasizes that the rights to freedom of peaceful assembly and of association are due to everyone without distinction, within the territories of States and subject to their jurisdiction, and may not be limited on any of the prohibited grounds that the Human Rights Committee has indicated are covered by article 2 of the International Covenant on Civil and Political Rights. Freedom from discrimination is also due to those who advocate and lobby on behalf of groups most at risk.
- 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
- Personas afectadas
- All
- Año
- 2014
Párrafo
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. 74c
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that no derogation is made from the rights to life and to be free from torture and other cruel, inhuman or degrading treatment or punishment of individuals belonging to groups most at risk;
- 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
- Personas afectadas
- All
- Año
- 2014
Párrafo
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 66
- Paragraph text
- The Special Rapporteur agrees with ILO that it constitutes a violation of the right to freedom of association when authorities and employers actively interfere with the operations of unions. Such interference includes refusing to recognize elected trade union officials, tampering with elections, forming their own competing unions and denying union members access to premises to conduct meetings. The ability of unions to hold meetings on their premises without prior authorization or interference and to choose their own representatives are essential elements of the right to freedom of association. Certain employment practices are also a concern, particularly where they reduce workers' ability to organize or collectively bargain. The use of short-term contracts and precarious terms of employment for workers in extractive industries, for example, denies workers job security and the confidence to advocate for unionization and other rights.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2015
Párrafo