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. 32
Paragraphe
Paragraph text
Protection of State sovereignty is not just an illegitimate excuse, but a fallacious pretext which does not meet the requirement of a "democratic society". The expression "democratic society" places the burden on States imposing restrictions to demonstrate that the limitations do not harm the principles of "pluralism, tolerance and broadmindedness". Associations, whether domestic- or foreign-funded, should therefore be free to promote their views - even minority and dissenting views, challenge governments about their human rights record or campaign for democratic reforms, without being accused of treason and other defamatory terms. Dissenting views should be seen by the authorities as an opportunity for dialogue and mutual understanding. The European Court of Human Rights in affirming this principle ruled that "an organisation may campaign for a change in the legal and constitutional structures of the State if the means used to that end are in every respect legal and democratic and if the change proposed is itself compatible with fundamental democratic principles."
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
Civil & Political Rights
Equality & Inclusion
Governance & Rule of Law
Personnes concernées
All
N.A.
Année
2013
Type de paragraphe
Other
Reference
SR Freedom of Assembly, Report to the HRC (2013), A/HRC/23/39, para. 32.