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. 39
Paragraphe
Paragraph text
Problems can arise even in States where the assembly rights of non-citizens are protected by law. The Special Rapporteur has received reports that in Cyprus, for example, some private employment contracts prohibit migrants from engaging in political activity, effectively depriving that group of their right to peacefully assemble (and freely associate). Although provisions contained in private employment contracts do not represent direct restrictions from the State, the State does have an important and pivotal role in prohibiting such restrictions, that is, by rejecting such restrictions as valid contractual terms under domestic law. The Special Rapporteur recalls that Member States have a responsibility to facilitate and protect the right to freedom of peaceful assembly. States should closely examine their role in supporting, even if inadvertently, private restrictions on that right. State mechanisms and institutions must not be used to enable private actors to abrogate fundamental rights.
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
Governance & Rule of Law
Personnes concernées
Persons on the move
Année
2014
Type de paragraphe
Other
Reference
SR Freedom of Assembly, Report to the HRC (2014), A/HRC/26/29, para. 39.