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Acroecology and the right to food 2011, para. 28
- Paragraph text
- Agroecology improves resilience to climate change. Climate change means more extreme weather-related events. The use of agroecological techniques can significantly cushion the negative impacts of such events, for resilience is strengthened by the use and promotion of agricultural biodiversity at ecosystem, farm system and farmer field levels, which is materialized by many agroecological approaches. Following Hurricane Mitch in 1998, a large-scale study on 180 communities of smallholders from southern to northern Nicaragua demonstrated that farming plots cropped with simple agroecological methods (including rock bunds or dikes, green manure, crop rotation and the incorporation of stubble, ditches, terraces, barriers, mulch, legumes, trees, plowing parallel to the slope, no-burn, live fences, and zero-tillage) had on average 40 per cent more topsoil, higher field moisture, less erosion and lower economic losses than control plots on conventional farms. On average, agroecological plots lost 18 per cent less arable land to landslides than conventional plots and had 69 per cent less gully erosion compared to conventional farms.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Año
- 2011
Párrafo
Fisheries and the right to food 2012, para. 26
- Paragraph text
- The quality of working conditions in the fish-processing industry also raises concerns, although conditions have improved since developed countries imposed higher sanitation and hygiene standards. In a 2004 study, FAO showed that, for 9 of the 11 countries surveyed, fish workers were paid close to the minimum wage and often received much lower than the average per capita income for the country. In Chile, for example, the area home to most fish processing factories was also the area with the lowest per capita income levels. Moreover, high levels of seasonal and informal work exist in the processing sector, meaning that many workers are not employed on full-time contracts with basic labour benefits, such as sick pay, pension or maternity leave. In part owing to the many fish-processing firms in the sector, workers often fail to unionize and to enter into collective bargaining.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Water & Sanitation
- Año
- 2012
Párrafo
Fisheries and the right to food 2012, para. 55
- Paragraph text
- Individual transferable quotas systems may lead to rent capture by some actors in a privileged position, which is difficult to reconcile with poverty-reduction objectives. An alternative might be to allow operators to rent quotas from the Government so that quotas are periodically redistributed on equity grounds. Transferability of quotas (conceived as property rights) will inevitably lead to monopolization, unless limited to transferability between the deceased holder and his/her descendants (if they also fish). Indeed, the Human Rights Committee noted that a system in which the quotas originally held could be sold or leased at market prices instead of reverting to the State for allocation to new quota holders in accordance with fair and equitable criteria might result in discrimination in violation of article 26 of the International Covenant on Civil and Political Rights (see CCPR/C/91/D/1306/2004). Other systems can be explored that combine sustainability requirements (limiting overfishing) and redistributive aims based on human rights norms and standards.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Año
- 2012
Párrafo
Fisheries and the right to food 2012, para. 60
- Paragraph text
- States should discharge their duties to respect, protect and fulfil the right to food in the fisheries sector by moving towards sustainable resource use while ensuring that the rights and livelihoods of small-scale fishers and coastal communities are respected and that the food security of all groups depending on fish is improved. This is a difficult balance to strike, but, without swift and bold action by States, the contribution made by fisheries to securing the right to food will diminish, with considerable consequences, in particular for poorer rural communities that depend on fisheries for both their nutritional needs and their income. Both coastal and flag States should accept their duties in this regard and should actively involve the fishing communities themselves, both in fisheries management and in the design and implementation of policies in adjacent sectors that could affect fishing.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Año
- 2012
Párrafo
Assessing a decade of progress on the right to food 2013, para. 50
- Paragraph text
- National human rights institutions established in conformity with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles; see General Assembly resolution 48/134, annex) can play a crucial role in monitoring compliance with the right to adequate food and, where they have such competence, to examine complaints filed by aggrieved individuals. In India, investigations by the National Human Rights Commission facilitated the work of the Supreme Court and that of the Commissioners of the Court by inquiring into the implementation of schemes securing livelihoods. In Colombia, the Office of the Public Defender presented a report on the implementation of the 2008 National Food and Nutrition Security Policy, recommending improvements to the legal framework and to mechanisms ensuring coordination. In Guatemala, the Office of the Human Rights Ombudsman has a specific mandate to monitor the implementation of the national food and nutrition security policy. Its 2011 report regretted persistent coordination failures despite the establishment of the National Council on Food and Nutrition Security, and its 2012 report encouraged improved funding for food and nutrition security programmes, which remain highly dependent on foreign aid. In El Salvador, the Office of the Human Rights Ombudsman has prepared three national reports since 2007 proposing the development of an appropriate legal and political food and nutrition security framework to guarantee the right to food. National human rights institutions in a range of other countries, including Cameroon, Honduras, Malawi, Slovenia, South Africa and Venezuela (Bolivarian Republic of), monitor violations of the right to food. In Norway, an important function of the Parliamentary Ombudsman is to investigate complaints concerning social security benefits.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Año
- 2013
Párrafo
Assessing a decade of progress on the right to food 2013, para. 12
- Paragraph text
- Courts are generally well-equipped to enforce this obligation. In the case of Kenneth George and Others v. Minister of Environmental Affairs and Tourism, the High Court of South Africa ordered a revision of the Marine Living Resources Act, requiring the development of a new framework taking into account "international and national legal obligations and policy directives to accommodate the socioeconomic rights of [small-scale] fishers and to ensure equitable access to marine resources for those fishers". This resulted in the adoption of a new Small-Scale Fisheries Policy in May 2012, which recognizes the importance of small-scale fisheries in contributing to food security and as serving as a critical safety net against poverty. In Honduras, the Sectional Court of Appeal in San Pedro Sula granted a constitutional remedy in the Brisas del Bejuco case in order to prevent the eviction of a group of small-scale farmers, referring to the obligation of the State to protect the right to food under the International Covenant on Economic, Social and Cultural Rights. The African Commission on Human and Peoples' Rights has protected the resources on which the Ogoni people depend for their livelihoods against the damage caused by oil companies operating on their territories, a position reaffirmed in 2012 by the Court of Justice of the Economic Community of West African States. In all these cases, courts or quasi-judicial bodies have protected the right to food by prohibiting actions that would undermine the ability of individuals and communities to produce their own food.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Año
- 2013
Párrafo
The transformative potential of the right to food 2014, para. 30
- Paragraph text
- Secondly, just as multiple food systems must be combined to improve resilience through enhanced diversity, different forms of farming can coexist, each fulfilling a different function. The example of Brazil suggests that family farms can be supported even in the vicinity of highly competitive, large-scale agricultural producers and that such coexistence can be viable, provided the government is aware of the different functions that different agricultural models serve to fulfil, and adopts a balanced approach towards them (A/HRC/13/33/Add.6, paras. 43 and 44). In many countries, however, this coexistence has failed, and the balance has shifted almost entirely in favour of the large-scale export-led agricultural sector. The lesson that emerges is that the transition to agrifood policies that support the realization of the right to food requires major political efforts to restructure support around agroecological, labour-intensive, poverty-reducing forms of agriculture.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Año
- 2014
Párrafo
Access to justice and the right to food: the way forward 2015, para. 18
- Paragraph text
- In a 2013 decision, the Constitutional Chamber of the Supreme Court of El Salvador admitted a habeas corpus writ petition against the penitentiary administration in relation to a claimant in detention suffering from diabetes and hypertension. The applicant argued that the failure to provide him with adequate food and an appropriate diet violated his right to health and physical integrity. While the detainee's petition was rejected on the grounds that medical evidence did not support the claim, the case demonstrates the willingness of the court to consider the protection of economic, Social and cultural rights under habeas corpus procedures. The judgment handed down in this case is significant on two counts: firstly, it demonstrates that all human rights are interconnected and indivisible; and, secondly, even though medical evidence was insufficient, the court makes the connection between those suffering from diabetes and their need for adequate and healthy food, which creates an important precedent for future cases.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Health
- Año
- 2015
Párrafo
Access to justice and the right to food: the way forward 2015, para. 56
- Paragraph text
- Developing countries are increasingly subject to dispute procedures brought by private companies. For example, high water prices and poor water quality following the privatization of the water supply in the Bolivian town of Cochabamba, culminated in protests against Aguas de Tunari, a subsidiary of the United States firm Bechtel. The Government succumbed to public pressure and reversed the decision to privatize, which prompted the company to bring the Government before ICSID. The case posed the fundamental question of whether the property rights of the company could trump the rights to food and to access water and sanitation. In the end, civil society pressure led to a settlement and, as a result, Bolivian water laws were amended with the 2009 Constitution guaranteeing the right to access to water.
- Organismo
- Special Rapporteur on the right to food
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Food & Nutrition
- Governance & Rule of Law
- Water & Sanitation
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 34
- Paragraph text
- The Brazilian Ministry of Labour maintains a record of people and corporations found to be using slave labour, which has been termed the "dirty list", established by ministerial decree of 2003. The database was used by public and private companies that applied commercial and financial sanctions. The list grew to include 52 employers of slave labourers in 2003 to 609 as of July 2014. However, in December 2014, the Supreme Court granted an injunction to an association of construction companies, suspending the "dirty list". To date, attorneys from the Federal Government have not been able to re-establish the database. Another challenge to the list was launched following the Labour Prosecutor's Office finding that Zara Brazil (part of global brand Inditex) had directive power over the supply chain and litigation has ensued which includes a challenge to the constitutionality of the "dirty list". Also in Brazil, the Sao Paulo State Law to Combat Slave Labour, also known as the Bezerra Law, seeks to regulate the disclosure of slave labour.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Año
- 2015
Párrafo
Eradicating contemporary forms of slavery from supply chains 2015, para. 13
- Paragraph text
- Following egregious violations of health and building safety standards that resulted in fatal accidents, such as the 2013 Rana Plaza factory collapse in Bangladesh leading to death of over 1,100 garment workers, additional attention has been given to increasing State and corporate accountability for violations of human rights, including labour rights, in global value or supply chains. In this context, the recent commitment by leaders of major global economies at the recent Group of Seven (G7) Summit to take action to address human rights in global supply chains is welcome and needs to be followed up by concrete actions.
- Organismo
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Año
- 2015
Párrafo
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 85
- Paragraph text
- Suspect interviews must be at least audio, and preferably video, recorded (see A/HRC/4/33/Add.3 and A/68/295). Video recorders should capture the entire interview room, including all persons present. Video recording discourages torture while providing an authentic and complete record that can be reviewed during the investigation and used for training purposes. It cannot, however, be used as an alternative to the presence of counsel (see CAT/C/AUT/CO/3 and A/HRC/25/60/Add.1). The Special Rapporteur acknowledges the financial implications associated with the use of video-recording equipment. The protocol may explore alternative solutions, such as limiting the mandatory use of audiovisual recording to interviews of suspects, vulnerable victims or witnesses.
- Organismo
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Humanitarian
- Año
- 2016
Párrafo
Protection of journalists and press freedom 2010, para. 23
- Paragraph text
- In addition, the Special Rapporteur emphasizes the importance for journalists to be alert to the danger of discrimination being furthered by the media, and to do the utmost to avoid facilitating such discrimination based on, inter alia, race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In this regard, the Special Rapporteur notes that, in accordance with international human rights law, any expression of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence should be prohibited, as should the dissemination of ideas based on racial superiority or hatred. Moreover, the Special Rapporteur encourages journalists to promote, through their work, a deeper understanding of racial, cultural and religious diversity, and to contribute to developing better intercultural relationships.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 62
- Paragraph text
- In times of armed conflict, internal disturbance or natural disaster, ordinary citizens may become engaged in reporting activities. Such persons are usually referred to as "citizen journalists". While there is no universal definition of citizen journalism as such, the concept is usually understood as independent reporting, often by amateurs on the scene of an event, which is disseminated globally through modern media, most often the Internet (for example, through photo- or video-sharing sites, blogs, microblogs, online forums, message boards, social networks, podcasts, and so forth). New technologies have provided unprecedented access to means of global communication, and have therefore introduced new means of reporting on news and events around the world.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Humanitarian
- Año
- 2010
Párrafo
Protection of journalists and press freedom 2010, para. 88
- Paragraph text
- Given that in at least 4 of every 10 cases involving the murder of journalists, the victims receive threats before being killed, the Special Rapporteur urges all Governments to investigate such threats and ensure effective protection, for example through witness protection programmes. In this regard, the Special Rapporteur notes that detailed guidelines and recommendations have been set out in the report of the Special Rapporteur on extrajudicial, summary and arbitrary executions (see A/63/313), the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth (A/HRC/12/19 and A/HRC/15/33) and the analytical study on human rights and transitional justice (A/HRC/12/18).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2010
Párrafo
Protection of journalists and media freedom 2012, para. 90
- Paragraph text
- The Special Rapporteur emphasizes the importance of journalists' right to access information, which is part of the right to seek and receive information under articles 19 of the Universal Declaration on Human Rights and the International Covenant on Civil and political Rights, respectively. He would like to stress that Governments should classify only those data which are proven to harm national security and other vital interests of the State. Moreover, there should be clear classification criteria and register of classified information, which is both established by law and accessible to everyone. Further, classified data should be subject to regular review and declassified if confidentiality is no longer necessary.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 2012
Párrafo
The right to access information 2013, para. 107
- Paragraph text
- Government officials who release confidential information concerning violations of the law, wrongdoing by public bodies, grave cases of corruption, a serious threat to health, safety or the environment, or a violation of human rights or humanitarian law (i.e. whistle-blowers) should, if they act in good faith, be protected against legal, administrative or employment-related sanctions. Other individuals, including journalists, other media personnel and civil society representatives, who receive, possess or disseminate classified information because they believe that it is in the public interest, should not be subject to liability unless they place persons in an imminent situation of serious harm.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Environment
- Governance & Rule of Law
- Health
- Humanitarian
- Año
- 2013
Párrafo
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 40
- Paragraph text
- Another tool used regularly by States today is social media monitoring. States have the capacity physically to monitor activities on social networking sites, blogs and media outlets to map connections and relationships, opinions and associations, and even locations. States can also apply highly sophisticated data mining technologies to publicly available information or to communications data provided by third party service providers. At a more basic level, States have also acquired technical means to obtain usernames and passwords from social networking sites such as Facebook.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 2013
Párrafo
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 50
- Paragraph text
- Certain States have passed laws that require real-name registration for online activity, a kind of ban on anonymity. In the Russian Federation, bloggers with 3,000 or more daily readers must register with the media regulator and identify themselves publicly, and cybercafe users reportedly must provide identification to connect to public wireless facilities. China reportedly announced regulations requiring Internet users to register real names for certain websites and avoid spreading content that challenges national interests. South Africa also requires real name registration for online and mobile telephone users.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Año
- 2015
Párrafo
Freedom of expression, States and the private sector in the digital age 2016, para. 48
- Paragraph text
- Service shutdowns and associated restrictions are a particularly pernicious means of enforcing content regulations. Such measures are frequently justified on the basis of national security, the maintenance of public order or the prevention of public unrest. In 2015, the Special Rapporteur, together with representatives of the Organization for Security and Cooperation in Europe, the Organization of American States and the African Commission on Human and Peoples' Rights condemned as unlawful Internet "kill switches". In one year alone, there were reports of shutdowns in Bangladesh, Brazil, Burundi, the Democratic Republic of the Congo, India and Pakistan. The Special Rapporteur confirmed instances of telecommunication service provider and service shutdowns in Tajikistan, during his official visit in March 2016.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Año
- 2016
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 42
- Paragraph text
- Civil society organizations have also an important role to play in the context of elections. The role of civil society in contributing to and sustaining a robust democracy cannot be underestimated. In different capacities, organizations undertake various activities to advocate for the concerns and interests of their beneficiaries, to contribute to ensuring the integrity of the electoral process, to further contribute to the achievement, protection and strengthening of democratic goals and standards, and to keeping authorities accountable to the electorate. Among other things, civil society organizations promote political participation, undertake voter education, campaign for good governance reforms, provide vehicles for the expression of different interests, but also act as platforms that cut across tribal, ethnic, linguistic and other barriers, and catalyse public debate on issues that affect them.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Año
- 2013
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 36
- Paragraph text
- More broadly, party resources should be differentiated from public resources. Public resources should not be used to tilt the electoral playing field in a party's favour and in particular the incumbent party or its candidates. This principle extends to the use of State institutions, such as police forces, the judiciary, the prosecutorial authority, law enforcement agencies and others, which should be impartial when controlling or limiting the activities of political parties, such as by initiating politically motivated court cases against rival candidates, in effect, preventing them from engaging in campaign activities.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2013
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. 17
- Paragraph text
- The Declaration on Human Rights Defenders constitutes another relevant frame of reference: article 13 states that "everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present Declaration" (emphasis added). This provision is important because it makes no distinction between the sources of funding, be it from domestic, foreign or international sources. It is also essential because it makes clear that not only legally registered associations, but also individuals - and therefore associations which have no legal status, such as unregistered associations - are eligible to access funding. Although the Declaration is not a binding instrument, it must be recalled that it was adopted by consensus by the General Assembly and contains a series of principles and rights that are based on human rights standards enshrined in other international instruments which are legally binding. It is clear from this standpoint that the guiding principles it sets forth notably emanate from the provisions of article 22 of the International Covenant on Civil and Political Rights and can therefore be applied to other forms of associations, regardless of the goals they pursue. In the light of this reasoning, and taking due consideration of the provisions of the Covenant, which make no distinction between registered and unregistered associations, the Special Rapporteur underlines that legislation limiting foreign funding to registered associations only, as is the case in existing and draft legislation in Bangladesh, violate international human rights norms and standards pertaining to freedom of association. Furthermore, he recalls that the formation of associations should not be subject to a prior authorization procedure, but rather regulated by a system of notification that is simple, easily accessible, non-discriminatory and non-onerous or free of charge.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Año
- 2013
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 50
- Paragraph text
- In some cases, State interference does not occur when an association is formed, but while an association is carrying out its activities. Often, restrictions occur when authorities are faced with minority or dissenting views, or even when authorities fear being held accountable for their failure to respect human rights. In Zimbabwe, the offices of the Election Support Network, a coalition of 31 non-governmental organizations formed in 2000 to promote free and fair elections, were arbitrarily searched, on the grounds that the organization allegedly had "subversive material, documents, gadgets or recordings and had contravened the Immigration Act". These searches have been perceived by civil society actors as an attempt to intimidate and silence their voices in the context of the 2013 referendum and elections.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Año
- 2013
Párrafo
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 41
- Paragraph text
- The Special Rapporteur reiterates that the guarantees provided by international human rights standards relate only to assemblies that are peaceful (see A/HRC/20/27, para. 25). When violent incidents occur within otherwise peaceful assemblies, authorities have a duty to distinguish between peaceful and non-peaceful demonstrators, take measures to de-escalate tensions and hold the violent individuals - not the organizers - to account for their actions. The potential for violence is not an excuse to interfere with or disperse otherwise peaceful assemblies. This principle is all the more important because violence in the course of peaceful protests may be instigated to justify the dispersal of a protest.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Humanitarian
- Año
- 2015
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 59
- Paragraph text
- Some States have outright bans on all legitimate unions, including Saudi Arabia and the United Arab Emirates. Other States, such as Qatar, impose impermissibly broad restrictions, such as prohibiting public-sector employees from joining trade unions or participating in collective bargaining or strikes. Some laws restrict bargaining subjects, including wages, which hampers assembly and association rights, as workers are more reluctant to risk organizing when potential gains are so few. States, such as China, that own or operate enterprises and do not permit the formation of independent unions violate association and assembly rights both as a government and employer (see E/C.12/CHN/CO/2, para. 23).
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Economic Rights
- Governance & Rule of Law
- Año
- 2016
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 62
- Paragraph text
- Some States have used more general laws to restrict workers' assembly and association rights. In India, for example, the government of Karnataka used section 144 of the Criminal Procedure Code, which prohibits assemblies of more than 10 people, to stop protests by garment workers in Bengaluru in April 2016. The Constitution of Zimbabwe protects assembly and association rights, but they are compromised by other criminal laws that punish acts and opinions detrimental to public order with up to five years in prison. The laws have been used to repress trade union and civil society freedom of association rights. Similarly, in Swaziland, labour federation criticism of the Government resulted in the federation's deregistration.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Año
- 2016
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 50
- Paragraph text
- The Constitution of the People's Republic of China formally establishes a multiparty State, but stipulates that the system must be "led by the Communist Party of China". Dissent against party orthodoxy is nonetheless severely punished, as illustrated starkly by the crackdown on the peaceful pro-democracy protests in February 2011 in several parts of the country - protests inspired by the Tunisian "Jasmine Revolution". Demonstrators had been calling on the authorities to end the one-party regime; many were arrested and charged with "inciting subversion of State power" (see A/HRC/18/51, case CHN 5/2011).
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Año
- 2016
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 38
- Paragraph text
- The free market fundamentalist approach has, over time, influenced government policy and practice in a way that has harmed workers' association rights. In the United States, for example, State officials in Tennessee reportedly offered nearly $300 million in incentives to Volkswagen if it added a new production line to a factory in Chattanooga, but made the investment contingent on the plant remaining non-unionized. The governor and other State officials made public statements against unionization efforts and workers ultimately voted against organizing. This is contrary to the principle that human rights cannot be renounced. On the international stage, a coalition of employers' associations embarked upon a multi-year campaign within the International Labour Organization - and publicly - aimed at striking down jurisprudence upholding the right to strike.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Governance & Rule of Law
- Año
- 2016
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 40
- Paragraph text
- The Special Rapporteur is dismayed at the lack of genuine civil society participation surrounding trade agreements and economic issues in general. He and others have noted previously that the right to freedom of association should be viewed as "an essential adjunct" to the related fundamental right to participate in public affairs. Thus it is not enough for States to simply allow associations to exist; they must seek to actively engage with civil society and to create conditions in which the sector can flourish and play a significant role in public life. The Special Rapporteur views the right to freedom of peaceful assembly as playing a similar role as a vehicle for enjoyment of the right to participate in public affairs.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Medio de adopción
- N.A.
- Temas
- Civil & Political Rights
- Economic Rights
- Año
- 2016
Párrafo