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The Special Rapporteur's vision of the mandate 2017, para. 35
- Paragraph text
- In his third report to the Human Rights Council (A/HRC/26/29), in which he assessed the threats against groups most at risk when exercising their rights to freedom of peaceful assembly and association, the previous mandate holder focused on the challenges facing groups that were often relegated to the margins of society, both in their daily lives and in the exercise of those rights. In the report, he highlighted the link between the denial of those rights and the marginalization of such groups and how that marginalization exacerbated their inability to effectively exercise their rights. Some of the groups considered to be most at risk were persons with disabilities; youth, including children; women; lesbian, gay, bisexual, transgender and intersex people; members of minority groups; indigenous peoples; internally displaced persons; and non-nationals, including refugees, asylum seekers and migrant workers. For the purpose of the report, the groups most at risk also included groups and individuals who were targeted not because of their identity, but because they actively lobbied for the rights of those most at risk of discrimination and retribution. He noted that human rights defenders, including journalists, trade unionists and environmental activists, faced considerable opposition, harassment, stigmatization and even physical attacks from State and non-State actors in many countries.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Ethnic minorities
- LGBTQI+
- Persons on the move
- Women
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
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. 18
- Paragraph text
- [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Ensure that in all actions concerning children in all spheres, the best interests of the child are a primary consideration;
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 13
- Paragraph text
- Resolution 15/21 reaffirms that "everyone has the rights to freedom of peaceful assembly and of association" (emphasis added). This provision must be read jointly with article 2 of the International Covenant on Civil and Political Rights, which stipulates that "each State Party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the 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"(emphasis added)., and article 26 thereof, which guarantees to all individuals equal and effective protection against discrimination on grounds identified in article 2. This applies inter alia to minors, indigenous peoples, persons with disabilities, persons belonging to minority groups or other groups at risk, including those victims of discrimination because of their sexual orientation and gender identity (see Council resolution 17/19), non-nationals including stateless persons, refugees or migrants, as well as associations, including unregistered groups. The rights to freedom of peaceful assembly and of association are key human rights in international human rights law, which are enshrined in article 20 of the Universal Declaration of Human Rights.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- Children
- Ethnic minorities
- Persons on the move
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 74
- Paragraph text
- The Special Rapporteur is concerned that the Committee has on several occasions acted in a manner contrary to the spirit of resolution 1996/31. He was informed that the Committee has arbitrarily deferred applications for consultative status of NGOs, several for many years. As of April 2014, out of the 48 organizations which have had their accreditations repeatedly deferred, 46 work on human rights issues, such as children and women's rights, minorities and country situations: e.g., the Asia Centre for Human Rights (since 2008), the Child Rights Information Network (since 2010), the Iran Human Rights Documentation Centre (since 2010) and the Global Network for Rights and Development (since 2011). The Committee has reportedly addressed either repetitive or irrelevant questions to such organizations. The case of the International Dalit Solidarity Network, an international NGO focusing on caste-based discrimination and other forms of discrimination based on work and descent, is particularly troubling: since 2008, the Network has received 64 written questions from the Committee, all raised by India. It is now the longest pending application before the Committee.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Children
- Ethnic minorities
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 102i
- Paragraph text
- [The Special Rapporteur recommends that the United Nations and multilateral financial institutions:] In consultation with trade unions and worker organizations, ensure the promotion and protection of assembly and association rights in their policies and programmes, particularly with regard to policies related to employment, economic development, trade, migration and the rights of specific groups, including women, children, racial/ethnic minorities;
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Ethnic minorities
- Persons on the move
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 27
- Paragraph text
- Globalization is taking place in the context of the largest migration of people in human history, from rural to urban areas, within countries and across borders. According to recent ILO estimates, the world has 150.3 million migrant workers. An estimated 112.3 million of them (74.7 per cent) are in high-income countries. They migrate to support their families and improve their future, but their lack of rights and agency in the workplace often leaves them, and their children, mired in poverty.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Movement
- Poverty
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
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. 46
- Paragraph text
- Article 21 of the International Covenant on Civil and Political Rights recognizes the right to freedom of peaceful assembly to be enjoyed by everyone, as provided for by article 2 of the Covenant and resolutions 15/21 and 21/16 of the Human Rights Council. Article 15 of the Convention of the Rights of the Child recognizes this right for persons below 18 years of age. Unregistered associations should equally be able to enjoy this right.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- All
- Children
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 62
- Paragraph text
- Newly adopted laws should not request all previously registered associations to re-register so that existing associations are protected against arbitrary rejection or time gaps in the conduct of their activities. For instance, the Committee on the Rights of the Child, in its concluding observations on Nepal, expressed concerns over the wide-ranging restrictions, such as re-registration requirements, placed by the authorities on civil society organizations (CRC/C/15/Add.260, paras. 33 and 34).
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
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. 50
- Paragraph text
- In an example of good practice, the Supreme Court of Estonia found the provisions of the Non-Profit Associations Act that restricted the right to form and lead associations to persons over the age of 18 years old to be in contravention of article 15 of the Convention on the Rights of the Child.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 47
- Paragraph text
- The Special Rapporteur further considers as best practices training materials developed with a view to preventing discriminatory treatment and measures against women, minors, persons with disabilities, indigenous peoples, individuals and groups of individuals belonging to minorities and other marginalized groups (e.g. Mexico, Serbia, Slovenia and Spain).
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 47
- Paragraph text
- Migrant domestic workers are, like other migrants, often unprotected by worker rights. They are subject to extreme abuses, including forced labour and trafficking and gender-based violence. They may be deprived of food and sleep, denied medical treatment and prohibited from leaving their workplace. Zainab Yusuf, a Kenyan worker trafficked to Saudi Arabia, had to work 21 hours a day cleaning and caring for her employers' seven children. She could not leave the house or contact her family, and faced ongoing sexual harassment and physical abuse from her employer and his sons. Under such conditions, domestic workers have no opportunity to peacefully assemble or to associate.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Movement
- Violence
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
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. 70
- Paragraph text
- The Special Rapporteur recognizes the severe impact that the diagnosis of disability can have on the right to freedom of association. Too often, persons with disabilities are deprived of their autonomy to exercise their voting rights and to choose who to marry, where to live and how to relate to others in the community because of perceived or actual deficiencies in mental capacity and decision-making ability. Persons suffering from cognitive or psychosocial disabilities, and often children and young persons with these disabilities, are most at risk of being deprived of their legal capacity and equal treatment under the law. The Special Rapporteur urges States to take measures to ensure that no one is at any time deprived of their legal capacity due to their disability. Instead, support should be provided to enhance their capacity to exercise the rights and duties that they hold as human beings.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Persons with disabilities
- Youth
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 57
- Paragraph text
- Funding restrictions, including restrictions on foreign funding, may disproportionately affect associations that promote issues that do not enjoy popularity or the support of the State or the majority of the population, including those that relate to the advancement of the rights of marginalized groups. This is evidenced by the dichotomy that some States impose regarding association funding sources: certain types of activities or organizations are permitted to receive foreign funding while others only receive domestic funding. For instance, to be considered an Ethiopian charity or society, organizations cannot receive more than 10 per cent of their funding from foreign sources. Only Ethiopian charities or societies may engage in promoting human rights work, gender equality and religious equality, the rights of persons with disabilities, children's rights, conflict resolution or reconciliation and the efficiency of the justice and law enforcement services. Foreign associations or those that receive more than 10 per cent of their funding from foreign sources may not engage in such activities. In the Russian Federation, an organization working on "political activities" and receiving foreign funding must register itself as a "foreign agent", which in Russian is synonymous with "foreign spy". The law broadly defines political activities as attempts to influence official decision-making or to shape public opinion to exert a similar influence, and thus can include work in areas such as human rights, governance and accountability issues.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 49
- Paragraph text
- Some laws limit the type of associations that individuals or groups can join or form. The Committee on the Rights of the Child has noted with concern that in Costa Rica, the Children and Adolescents Code denied adolescents the right to form or join political associations, yet they may form community development associations in which they may actively participate (CRC/C/CRI/CO/4, para. 37). In Turkey, children over the age of 15 may form associations and from the age of 12 may join those associations, but they must be 19 in order to form an organizational committee for outdoor meetings (CRC/C/TUR/CO/2-3, para. 38). The justification for explicitly excluding those groups from forming associations that engage in certain activities is unclear.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Adolescents
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 30
- Paragraph text
- Some of the most prominent examples include "public morality" laws that have been used selectively against those promoting LGBTI rights. In June 2013, the President of the Russian Federation signed legislation banning "propaganda of non-traditional sexual relations" among minors. There is no legal definition in the Russian law of what constitutes non-traditional sexual relations, but it is widely acknowledged to be code for homosexual relations. While legislators have argued that the main purpose of the law is to protect children, the Committee on the Rights of the Child expressed concern at the law and recommended its repeal, as it found that it encouraged the stigmatization and discrimination of LGBTI children and the targeting and persecution of the LGBTI community (CRC/C/RUS/CO/4-5, para. 25).
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- LGBTQI+
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 27
- Paragraph text
- In addition, sexual orientation and gender identity are increasingly used as a basis for explicit discrimination in the area of assembly rights. In Ukraine, a draft law "on propaganda of homosexuality", which prohibits "propaganda of homosexual relations" aimed at children, was recommended in 2013 for the consideration of the parliament. This draft law defines "propaganda" as any public action to spread information on same-sex relations, including peaceful assemblies and educational courses. In August 2012, a Russian court upheld a Moscow city council ban on gay pride parades, prohibiting such assemblies for the next 100 years. In early 2014, the President of Nigeria signed the Same Sex Marriage (Prohibition) Act, which bans gay marriage and also makes it an offence to register, operate, participate in or support gay clubs, societies, organizations, processions or meetings, or to make a public display of a same-sex amorous relationship, directly or indirectly. An offence is punishable by a prison term of 10 years. The provision effectively bans any public or private meeting on the subject of sexual orientation and gender identity. In Uganda, the President signed a new anti-homosexuality bill into law in February 2014. This law imposes a sentence of life imprisonment for homosexuality and same-sex marriage and five to seven years of imprisonment for the "promotion" of homosexuality, which directly targets and threatens the work of LGBTI organizations and human rights defenders. In Kuwait, the new criminal offence of "imitating the opposite sex" directly targets and criminalizes transgender people and anyone seen as not conforming to gender norms. It has resulted in harassment, arbitrary arrest and detention, abuse, torture and sexual assault of transgender people. Expressing its concern, the Human Rights Committee has recommended that the offence be repealed (CCPR/C/KWT/CO/2, para. 30).
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Children
- LGBTQI+
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 24
- Paragraph text
- In the case of youth, including children, the Special Rapporteur acknowledges that there may be safety concerns when young people participate in some public demonstrations. However, he believes that laws such as that of Malaysia are not tailored narrowly enough to specifically address that concern. Rather, a blanket ban on individuals of a certain age eliminates the right to participate in peaceful public assemblies for an entire portion of the population, without exception, contrary to article 15 of the Convention on the Rights of the Child.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Youth
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 23
- Paragraph text
- In Malaysia, for example, the Peaceful Assembly Act 2012 prohibits people under the age of 21 from organizing a public demonstration. Children under the age of 15 cannot even participate. Migrants and non-citizens may also face undue restrictions on their assembly rights. The same Act explicitly divests non-citizens of their right to organize or participate in a peaceful assembly. Article 33 of the Constitution of Mexico states that foreigners "may not in any way participate in the political affairs of the country", a provision that can be interpreted as prohibiting the rights of non-citizens to engage in peaceful assemblies. Similarly, article 354 of the Constitution of Myanmar extends the right of assembly only to citizens.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- Children
- Persons on the move
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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. 10
- Paragraph text
- As a starting point, the Special Rapporteur acknowledges that groups most at risk share the experience of discrimination, unequal treatment and harassment. He describes those groups based on their level of marginalization in the exercise of the rights to freedom of peaceful assembly and of association. Some of the groups that are considered in the present report to be most at risk are persons with disabilities; youth, including children; women; lesbian, gay, bisexual, transgender and intersex (LGBTI) people; members of minority groups; indigenous peoples; internally displaced persons; and non-nationals, including refugees, asylum seekers and migrant workers.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Ethnic minorities
- LGBTQI+
- Persons on the move
- Women
- Youth
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 54
- Paragraph text
- International human rights law stipulates that everyone has the rights to freedom of association. As a result, legislation that does not set any specific limitation on individuals, including children (e.g. national human rights institution of Cote d'Ivoire) and foreign nationals (e.g. Burkina Faso and the United States of America) complies with international standards. However, under international human rights law, members of the armed forces and of the police may have their right lawfully restricted. Any restrictions must, nevertheless, comply with States' international human rights obligations as blanket restrictions shall not be considered lawful. The Special Rapporteur further considers as a best practice the Armenian and Estonian legislation that require no more than two persons to establish an association. A higher number may be required to establish a union or a political party, but this number should not be set at a level that would discourage people from engaging in associations.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
20 Listé sur un total de 20 Entités