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. 64
Paragraphe
Paragraph text
In addition to legislation that restricts the right to the freedom of assembly of LGBTI people through discriminatory law that prohibits "propaganda" or the "promotion" of homosexuality, some legislation also specifically prohibits the formation, running, participation in or support of organizations that advocate for the protection of the human rights of LGBTI people. This is the case of the above-mentioned Same Sex Marriage (Prohibition) Act in Nigeria. The Special Rapporteur highlights that the Human Rights Committee has clarified that any limitations to rights protected by the International Covenant on Civil and Political Rights, when permitted by the Covenant, may not be imposed for discriminatory purposes or applied in a discriminatory manner. Therefore, provisions restricting or prohibiting the right to freedom of association of a specific group on discriminatory grounds, such as sexual orientation or gender identity, is not permitted under the Covenant and must be reviewed with a view to repeal.
Status juridique
Non-negotiated soft law
Organe
Special Rapporteur on the rights to freedom of peaceful assembly and association
Type de document
Special Procedures' report
Mode d'adoption
N.A.
Thèmes
Equality & Inclusion
Gender
Personnes concernées
LGBTQI+
Année
2014
Type de paragraphe
Other
Reference
SR Freedom of Assembly, Report to the HRC (2014), A/HRC/26/29, para. 64.