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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 49
- Paragraph text
- As described in previous reports by the Special Rapporteur, any restrictions must be permitted by international law, and thus meet the strict requirements of international human rights law. In the context of elections, the Special Rapporteur believes that the test threshold should be raised to a higher level. It is therefore, not sufficient for a State to invoke the protection of the integrity of the election process, the need to ensure non-partisan and impartial elections, the need to preserve peace or security to limit these rights, insofar as the context of elections is a critical time when individuals have a say about the fate of their country. In this regard, the Human Rights Committee stated that the reference to "democratic society" in the context of article 22, indicates in the Committee's opinion, that the existence and operation of associations, including those which peacefully promote ideas not necessarily favourably viewed by the Government or the majority of the population, is a cornerstone of a democratic society.
- 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
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 15
- Paragraph text
- The rights to freedom of peaceful assembly and of association are fundamental rights that form the basis of the full enjoyment of other rights, as they enable the exercise of a number of civil, political, economic, cultural and social rights.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 14
- Paragraph text
- The rights to freedom of peaceful assembly and of association are among the many rights on the list of international human rights; just as all human rights, they are universal, indivisible, interdependent and interrelated.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 13
- Paragraph text
- The mandate holder is committed to using her mandate to ensure the full exercise of the rights to freedom of peaceful assembly and of association by all the peoples of the United Nations.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- All
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 7
- Paragraph text
- Increased demand for resources has resulted in the opening up of more areas for exploration and exploitation, especially in populated areas, leading to conflict between competing interests. By some accounts, between 93 and 99 per cent of 73,000 mining, logging, agriculture, oil and gas concessions in eight tropical forested countries were inhabited. The same sources indicate that, for example, up to 40 per cent of the territory of Peru has been handed over by the Government to private for-profit entities to exploit natural resources and that in Liberia and in Indonesia 35 and 30 per cent, respectively, of the land is in the hands of the private sector for exploitation operations. The existence of widespread social conflict associated with natural resource exploitation is therefore not surprising. For example, in Peru, the Ombudsman's Office documented 211 social conflicts in the month of February 2015, 66 per cent of which were related to natural resource exploitation. In Colombia, the Ombudsman's Office participated in 218 dialogues between mining companies, protestors and the Government.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
- 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. 59
- Paragraph text
- The Special Rapporteur is mindful of States' obligation to guarantee law and order, but restrictions on peaceful assembly in relation to its "time, place and manner" should be limited to the extent that such restrictions meet the aforementioned strict test of necessity and proportionality. Any restriction imposed on the nature or content of the message the organizers and participants want to convey, especially in relation to criticism of Government policies, should be proscribed, unless the message constitutes "incitement to discrimination, hostility or violence", in conformity with article 20 of the Covenant. In this connection, he stresses the recommendation that he has already put forward to States to "provide individuals exercising their rights to freedom of peaceful assembly and of association with the protection offered by the right to freedom of expression".
- 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
- Année
- 2013
- 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. 44
- Paragraph text
- However, in far too many instances, the ability to hold peaceful assemblies has been denied or restricted by authorities in violation of international human rights norms and standards. As a consequence, the right to take part in the conduct of public affairs, as recognized in article 25 of the International Covenant on Civil and Political Affairs, has been narrowed. In this connection, the Special Rapporteur wishes to refer once again to the Human Rights Committee's general comment No. 25 (1996) on participation in public affairs and the right to vote, which considers that "citizens also take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives or through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association".
- 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
- Année
- 2013
- 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. 35
- Paragraph text
- Restrictions to funding are also regularly justified by the need to ensure greater transparency and accountability within the civil society sector. Combatting fraud, embezzlement, corruption, money-laundering and other modes of trafficking is legitimate, and may qualify as being in the "interests of national security, public safety, or public order". Nevertheless, it is not sufficient to simply pursue a legitimate interest, limitations need also to be prescribed by law and "be necessary" in a democratic society. In this regard, limitations must be proportionate to the interest to be protected and must be the least intrusive means to achieve the desired objective. In this respect, several legislations or practices unduly restrict the ability of associations to access funding since other less intrusive measures exist to mitigate the risk.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
- 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. 30
- Paragraph text
- In order to analyse whether the limitation motivated by the protection of State sovereignty complies with international human rights law, it must first be explored whether it falls within one of the limited legitimate grounds for restrictions. The protection of State sovereignty is not listed as a legitimate interest in the Covenant. The Special Rapporteur emphasizes that States cannot refer to additional grounds, even those provided by domestic legislation, and cannot loosely interpret international obligations to restrict the right to freedom of association. In his view, such justification cannot reasonably be included under "the interests of national security or public safety" or even "public order". Affirming that national security is threatened when an association receives funding from foreign source is not only spurious and distorted, but also in contradiction with international human rights law.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 31
- Paragraph text
- The Special Rapporteur agrees with the Human Rights Committee, in paragraph 19 of general comment No. 25, that freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected and that States should ensure that, in their internal management, political parties respect the applicable provisions of article 25 in order to enable citizens to exercise their rights thereunder. As the Special Rapporteur noted previously, a minimum number of individuals may be required to establish a political party, but this number should not be set at a level that would discourage people from engaging in associations (A/HRC/20/27, para. 54). Other requirements might be in force, such as concerning geographic or ethnic representation, but the Special Rapporteur warns against this type of measure that is ultimately discriminatory to the formation of any political party. A registration regime is not necessary for the formation or operation of political parties, but where it is in place, it should never be subject to authorities' prior approval.
- 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
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 37
- Paragraph text
- In his fourth report to the Human Rights Council (A/HRC/29/25), on the rights to freedom of peaceful assembly and association in the context of natural resource exploitation, the previous mandate holder examined the role that those rights played in opening up space for genuine and effective participation across the spectrum of natural resource exploitation activities. He also examined how those rights helped to foster increased transparency and accountability, facilitate constructive dialogue and, ultimately, form the basis for people’s ability to secure other substantive rights. In the report, he noted that the significance of civil society as a stakeholder in the context of natural resource exploitation was underestimated, misperceived and often denied by both States and businesses and that that was symptomatic of a growing disregard for a plurality of views, particularly those which championed non-economic values over economic ones. He argued that such disregard for civil society input was counterproductive and divisive and likely to contribute to an erosion of confidence in the world’s prevailing economic system. He concluded that it was in the interest of both States and corporations to recognize actions by civil society groups, both in support of and against the entire decision-making chain in natural resource governance, as a legitimate exercise by those individuals and groups of their rights to freedom of peaceful assembly and of association.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- All
- N.A.
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 44
- Paragraph text
- One of the world's most extreme examples of political fundamentalism can be found in the Democratic People's Republic of Korea. The Workers' Party of Korea, founded by Kim Il-sung and presided over since by his direct descendants, has ruled for nearly 70 years. Opposition political parties are not permitted to exist and challenges to the ruling party are not tolerated. According to the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, "the police and security forces of the Democratic People's Republic of Korea systematically employ violence and punishments that amount to gross human rights violations in order to create a climate of fear that pre-empts any challenge to the current system of government and to the ideology underpinning it. The institutions and officials involved are not held accountable. Impunity reigns" (see A/HRC/25/63, para. 56). It is estimated that between 80,000 and 120,000 political prisoners are currently detained (ibid., para. 61). The Human Rights Council has expressed its "grave concern at the detailed findings made by the commission of inquiry in its report, including the denial of the right to freedom of thought, conscience and religion, and of the rights to freedom of opinion, expression and association".
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 41
- Paragraph text
- Taking a more inclusive approach to civil society engagement is not just about States abiding by their international human rights obligations. It also brings practical benefits to society by providing an outlet for people to constructively and peacefully contribute on issues that affect their lives.
- 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
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 25
- Paragraph text
- States' positive duty to "protect" by proactively taking measures to prevent violations includes refraining from acquiescing to or enabling violations, and promoting an environment where all groups are guaranteed equal rights, regardless of the popularity of their views.
- 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
- All
- 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. 73
- Paragraph text
- States are obligated to protect workers' peaceful assembly and association rights from interference by non-State actors, such as private-sector employers and enterprises. That includes an obligation to take steps to prevent, punish and provide redress abuses through effective law, policies and adjudication. The implementation of the norms is as significant as the norms themselves.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- 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. 57
- Paragraph text
- ILO, as the only global tripartite institution, plays a unique role in setting standards on fundamental principles and rights at work. Core ILO labour conventions include the Freedom of Association and Protection of the Right to Organize, 1948 (No. 87), which calls on States to prevent discrimination against trade unions, protect employers' and workers' organizations against mutual interference and promote collective bargaining; and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), which protects workers who are exercising their right to organize, upholds the principle of non-interference between workers' and employers' organizations and promotes voluntary collective bargaining. These foundational rights are essential to the protection of other core labour rights. ILO signatory States are obliged to respect principles of freedom of association whether or not they have ratified the appropriate conventions. The ILO Decent Work Agenda calls on countries to respect core conventions, provide for social protection, create decent jobs and engage in genuine social (tripartite) dialogue. Also of relevance, the ILO Domestic Workers Convention, 2011 (No. 189) sets standards for the effective promotion and protection of domestic workers' human rights.
- 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
- All
- 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. 56
- Paragraph text
- The right to strike has been established in international law for decades, in global and regional instruments, and is also enshrined in the constitutions of at least 90 countries. The right to strike has, in fact, become customary international law.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- 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. 54
- Paragraph text
- Both trade unions and the right to strike are fundamental tools to achieving workers' rights, as they provide mechanisms through which workers can stand up for their interests collectively, and engage with big business and government on a more equal footing. The State is obligated to protect these rights for all workers.
- 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
- All
- 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. 26
- Paragraph text
- In some countries administrative or judicial processes are too slow, weak or corrupt. When workers who seek to associate and form a union are fired, they find no effective remedy, either at home against the local firm, or abroad against the lead firm that may have contributed to the violation. Without legal consequences, the situation is unlikely to change.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 27
- Paragraph text
- The objective of the Extractive Industries Transparency Initiative is to promote openness and accountability in the management of natural resource exploitation through a global standard. Implementation and monitoring of the standard is overseen by an international board and national multi-stakeholder groups, consisting of representatives from Governments, companies and civil society representatives. The underlying rationale is that the management of natural resources in any country is a shared interest and can only be effective when all stakeholders have access to relevant information and are able to act on this information to promote sustainable economic and social development. To achieve the objectives of the Initiative, implementing countries are required, among other things, to ensure that an enabling environment exists for civil society to engage in the process and express views related to natural resource governance, including in relation to laws, regulations and administrative rules and practice. In its civil society protocol, the Initiative outlines that the rights of civil society to expression, operation, association, engagement and access to public decision-making in the implementing countries must be respected.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 98
- Paragraph text
- Maldives, however, excludes certain activities from the ambit of the law, namely business, sports and cultural activities, even while affirming the right to freedom of peaceful assembly for individuals and legal entities.
- 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
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 74
- Paragraph text
- The ability to access resources is inherent to the right to freedom of association, and any restrictions imposed must be necessary and proportional. The restrictions cited above fail to meet this test and their failure to do so is even more glaring when viewed beside the comparatively liberal rules governing business investment in the same States.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 55
- Paragraph text
- In Malaysia, societies are required to provide the Registrar of Societies annually with a detailed list of internal information, including accounts and a description of any money or property received from foreign entities. The audit and reporting requirements for businesses are comparatively light, consisting only of basic annual reports, auditing and minutes of shareholders meetings.
- 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
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 39
- Paragraph text
- Associations commonly experience harsher treatment than businesses in the regulation of their operations and activities. Those difficulties, which often violate their right to freely carry out their activities, include stricter limits on the scope, or location, of work; more restrictions on political contributions; more intrusive audit and reporting requirements; and targeted harassment or reprisals.
- 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
- All
- Année
- 2015
- 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. 19
- Paragraph text
- The Special Rapporteur notes that, in general, State obligations to achieve non-discrimination and equality are immediate and not subject to progressive realization.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2014
- 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. 22
- Paragraph text
- Most multilateral institutions recognize that citizens must be given a seat at the decision-making table and encourage - or even require - engagement with civil society in their charters or policies. Article 71 of the Charter of the United Nations, for example, states that the Economic and Social Council "may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence". Other examples include the World Trade Organization (WTO), the Community of Democracies and the World Bank (which at the time of writing was drafting a citizen engagement strategy). A more restrictive process is in place under the United Nations Convention against Corruption, prohibiting civil society from participating in the Implementation Review Group and working groups. Civil society is involved in a civil society "Briefing Day", but is prohibited from mentioning any "specific country situation". Moreover, although civil society's participation is praised in article 13 of the United Nations Convention against Corruption (General Assembly resolution 58/4, annex), the terms of reference of the Mechanism for the Review of Implementation of the Convention make it optional for States parties under review to include civil society organization in different stages of the review process.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2014
- 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. 73
- Paragraph text
- The Special Rapporteur is of the opinion that organizers and participants of peaceful assemblies should be allowed access to the Internet and other new technologies at all times, as made clear by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who also stated that "any determination on what [website] content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences". In this connection, the OSCE/ODIHR Panel of Experts recommended that "States should ensure that efforts to disseminate information to publicize forthcoming assemblies are not impeded in any way". Finally, the Human Rights Council, in its resolution 20/8, recognized the global and open nature of the Internet as a driving force in accelerating progress towards development in its various forms (para. 2) and "called upon all States to promote and facilitate access to the Internet and international cooperation aimed at the development of media and information and communications facilities in all countries" (para. 3).
- 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
- All
- Année
- 2013
- 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. 50
- Paragraph text
- In this connection, the Special Rapporteur highlights again the existence of "presumption in favour of holding peaceful assemblies," as was first stressed by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Panel of Experts on Freedom of Peaceful Assembly and the Council of Europe's European Commission for Democracy through Law (the Venice Commission). This means that an assembly should be presumed lawful and deemed as not constituting a threat to public order. Such presumption should apply to everyone, without any discrimination, and should be "clearly and explicitly established in the law, enshrined either in constitutions or in laws governing peaceful assemblies" (A/HRC/20/27, para. 26). The Special Rapporteur believes that unclear legal provisions should be clarified, and that in the absence of clarity, such provisions should be interpreted in favour of those wishing to exercise their right to freedom of peaceful assembly.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- All
- Année
- 2013
- 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. 32
- 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."
- 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
- All
- N.A.
- Année
- 2013
- 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. 19
- Paragraph text
- The Special Rapporteur notes with concern laws and practices that constrain civil society organizations from seeking, receiving or utilizing foreign funding. As will be detailed in the following section of the report, most of the justifications put forward by States to restrict foreign funding do not comply with article 22, paragraph 2, of the Covenant, which states that "no restrictions may be placed on the exercise of [the right to freedom of association] other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others." As will be repeatedly emphasized in this section, the conditions for any restriction are cumulative, that is, motivated by one of the above limited interests, have a legal basis and "necessary in a democratic society".
- 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
- Health
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe