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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2014
- Code du document
- A/HRC/26/29
- Date de modification
- 7 févr. 2020
Document
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2015
- Code du document
- A/HRC/29/25
- Date de modification
- 7 févr. 2020
Document
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2016
- Code du document
- A/HRC/32/36
- Date de modification
- 7 févr. 2020
Document
The exercise of the rights to freedom of peaceful assembly and of association in the workplace
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2016
- Code du document
- A/71/385
- Date de modification
- 7 févr. 2020
Document
Best practices that promote and protect the rights to freedom of peaceful assembly and of association
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2012
- Code du document
- A/HRC/20/27
- Date de modification
- 7 févr. 2020
Document
The Special Rapporteur's vision of the mandate
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2017
- Code du document
- A/72/135
- Date de modification
- 7 févr. 2020
Document
Comparative study of enabling environments for associations and businesses
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2015
- Code du document
- A/70/266
- Date de modification
- 7 févr. 2020
Document
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
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2013
- Code du document
- A/HRC/23/39
- Date de modification
- 7 févr. 2020
Document
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2013
- Code du document
- A/68/299
- Date de modification
- 7 févr. 2020
Document
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions
- Organe
- Rapporteur spécial sur le droit de réunion pacifique et la liberté d'association
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2014
- Code du document
- A/69/365
- Date de modification
- 7 févr. 2020
Document
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 11
- Paragraph text
- Without assembly and association rights, workers have little leverage to change the conditions that entrench poverty, fuel inequality and limit democracy. The need to maintain paid work is all-consuming; so many workers toil long hours for low wages in unsafe and unhealthy environments, risking disease, injury and death. They work without basic social protections such as health care, education, pensions or, in the case of trafficked workers, the right to choose or leave employment. The impact of the lack of assembly and association rights is compounded for migrant workers by harsh immigration laws, unscrupulous labour recruitment organizations, militarized labour systems and rights-restricted structures in export processing zones. Migrant domestic and agricultural workers, often excluded from labour law protection both at home and abroad, are doubly exploited and marginalized.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Equality & Inclusion
- Health
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 49
- Paragraph text
- Many countries, including the United Kingdom and France, exclude domestic workers from the jurisdiction of labour inspectorates in deference to employers' privacy. Canada (Ontario), Ethiopia and Jordan exempt domestic workers from laws covering trade union representation. Migration law often also treats domestic workers differently from other workers. The Special Rapporteur notes, however, as a positive step, that 30 countries have now extended labour protection to domestic workers.
- 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
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 79
- Paragraph text
- The Special Rapporteur is similarly concerned about the so-called "no objection" procedure which allows for the participation of NGOs without consultative status in United Nations high-level events, unless States object to it. However, States which object do not have to provide any justification and remain anonymous. The Special Rapporteur was informed that States have increasingly used this procedure to restrict the access of NGOs in several meetings at United Nations Headquarters, for instance during the 2013 high-level meeting of the General Assembly on the realization of the Millennium Development Goals for persons with disabilities, the 2013 high-level dialogue on international migration and development, and the high-level meeting on rule of law.
- 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
- Persons with disabilities
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 75
- Paragraph text
- Moreover, in May 2014, the Committee voted the closure of the application of the Fundación Centro para la Apertura y el Desarrollo de América Latina, at the request of Cuba (with the support of China, the Russian Federation and the Bolivarian Republic of Venezuela), which claimed that the organization is engaged in "subversive activities". Furthermore and despite repeated attempts, the NGO Human Rights in China has yet to be accredited by the Committee owing to the opposition of the Government of China, which has questioned the legitimacy of the organization.
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 80
- Paragraph text
- The Special Rapporteur finds all these practices deeply disconcerting, and believes that they profoundly undermine the ability of the United Nations to constructively engage with civil society. States sitting on the Committee should champion the right to freedom of association and the right to freedom of peaceful assembly. In this context, he voiced concern about the election of Azerbaijan to the Committee after criminal charges were filed against three of that country's most prominent human rights defenders. His concerns only increased after the three were convicted.
- 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
- Activists
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (i)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Full and effective participation in all activities (including planning, agenda setting, decision-making and policymaking);
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (iii)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Speaking rights in all meetings, as a rule, with the same opportunities as Governments and private sector entities to express views and opinions;
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (ii)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Access to all meetings, processes and bodies (including through the final stages of decision-making) at all levels;
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87l
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Have strict internal guidelines governing the policing of assemblies, rather than simply handing this function over to local authorities. These guidelines should mirror international law and good practices. Moreover, multilateral organizations should not organize major events likely to draw protests in locations where they cannot receive assurances that local authorities have the political will and technical capacity to uphold international standards. The Special Rapporteur also strongly recommends that multilateral institutions require domestic authorities to produce a report detailing how demonstrations, protests and other public gatherings around international events were managed by police, and that such reports be made public.
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 86
- Paragraph text
- The Special Rapporteur reiterates that the ability to peacefully assemble and freely associate is a key aspect of a vibrant democracy and critical for development. In today's globalized world, the meaning and practice of democracy stretches beyond national boundaries. Multilateral entities thus have positive responsibilities to actively protect peaceful assemblies and to establish and maintain an enabling environment for civil society. This is all the more valid when multilateral institutions claim to represent States, which are the primary actors accountable for the respect and promotion of civil liberties. In addition, the Special Rapporteur underlines the obligation of States to protect and facilitate the rights to freedom of peaceful assembly and of association of those engaging with multilateral institutions.
- 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
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87k
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Ensure that they have comprehensive and fair access to information policies in place, and that these policies include, inter alia, guarantees of timely and easy access to all information and documents, a limited list of specific exemptions, a public interest test, and an independent appeals board. In this regard, the Special Rapporteur recommends The Global Transparency Initiative's Transparency Charter for International Financial Institutions as a model;
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 82
- Paragraph text
- To counterbalance critical voices at home and abroad, States have resorted to sending GONGOs (government-operated NGOs) to multilateral arenas. Such organizations have made statements, and organized side-events in the margins of sessions, in support of States' policies (e.g. GONGOs from the Islamic Republic of Iran and the Sudan). While the Special Rapporteur recognizes that they are a manifestation of the exercise of the right to freedom of association, he notes with concern that such organizations have often monopolized the space meant for independent associations. In his view, multilateral institutions should strike a balance, bearing in mind the principles of broad-mindedness, tolerance and diversity of voices.
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 77
- Paragraph text
- Additionally, the Committee places obstacles to accredited NGOs by intentionally deferring consideration of the quadrennial reports that they are requested to produce. In January 2014, the Committee deferred 11 reports of NGOs, including Human Rights Watch, following questions from Cuba and the Russian Federation. In addition, the Committee postponed further consideration of all 23 previously deferred quadrennial reports of organizations such as Amnesty International, Freedom House, Human Rights First, International PEN, and Reporters sans frontières international (see E/2014/32 (Part I)).
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87g
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Undertake studies on comparative good practices in civil society engagement, with recommendations on critical areas for improvement in accordance with international standards, and establish accountability mechanisms, such as the World Bank's Inspection Panel. Such a system should also include a means for individuals and organizations to file a complaint if they believe they have been subject to reprisals because of their cooperation with - or action to oppose - the multilateral organization or one of its programmes;
- 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
- N.A.
- Année
- 2014
- Date de modification
- 13 févr. 2020
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 110a
- Paragraph text
- [The Special Rapporteur calls upon the United Nations, other multilateral organizations and donors specifically:] To consider the concept of "sectoral equity" as critical to the enjoyment of the rights to freedom of peaceful assembly and of association, and enshrine that perspective in instruments designed to promote and protect fundamental 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
- 2015
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 19
- Paragraph text
- Apart from using excessive force against peaceful protesters, in some instances, States have criminalized the participation in and organization of peaceful assemblies during election time, with a view to sanctioning or deterring those willing or intending to do so. In Ethiopia, several peaceful demonstrators and human rights defenders were charged with "crimes of outrage against the constitutional order", and sentenced to life imprisonment for having participated in a demonstration against alleged fraud in the general elections of May 2005, in which over 190 protestors were reportedly killed by law enforcement authorities. After signing a statement admitting that their activities had been unconstitutional, they received a pardon and were freed. In the run-up to the legislative elections in Bahrain in September 2011, numerous human rights defenders and their relatives were arrested, dismissed from their jobs and subjected to intimidation and harassment for various politically motivated offences, including "participating in illegal gatherings". Following the presidential elections in December 2010 in Belarus, hundreds of persons protesting on election night were detained, including civil society activists, journalists, and opposition leaders, including presidential candidates. A peaceful protestor was subsequently sentenced to three years and six months in a labour colony on charges of mass disorder, for his participation in peaceful protests. He was initially detained for an administrative offence, but was later charged with a criminal offence, despite the fact that the police officer who had filed his arrest warrant stated in court that he had not actually seen him during the protest. Similarly, in the Russian Federation, charges of "mass disorder" have been pressed against peaceful protestors during election time. Many demonstrators were arrested and accused, inter alia, of "public intimidation" and "public incitation". Peaceful demonstrators in Azerbaijan have increasingly been targeted in the context of the forthcoming elections of October 2013, with several of them being arrested and/or fined. In Nepal in January 2006, four human rights defenders were arrested because of their involvement in the organization of large-scale peaceful demonstrations calling for a boycott of municipal elections scheduled for the following month.
- 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
- Activists
- Families
- Année
- 2013
- Date de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 8
- Paragraph text
- The maintenance of peace during the voting process is necessary for the electorate to turn out and exercise their right to vote. Nevertheless, although important, it should not provide a justification for continuing electoral malpractices and unjustifiable restrictions on the rights to peaceful assembly and of association or other rights, for example, unlimited and uncontrolled bans on protests or demonstrations against election results. Where such rights are violated at any point during the electoral process, prompt and effective remedies should be available and accessible, presided over by impartial arbiters.
- 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 de modification
- 13 févr. 2020
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 16
- Paragraph text
- The Special Rapporteur emphasizes that only "certain" restrictions may be applied, which clearly means that freedom is to be considered the rule and its restriction the exception. He refers to general comment No. 27 (1999) of the Human Rights Committee on freedom of movement: "in adopting laws providing for restrictions … States should always be guided by the principle that the restrictions must not impair the essence of the right ... the relation between right and restriction, between norm and exception, must not be reversed". As a result, when States would like to restrict these rights, all the above conditions must be met. Any restrictions must therefore be motivated by one of the above limited interests, have a legal basis (be "prescribed by law", which implies that the law must be accessible and its provisions must be formulated with sufficient precision) and be "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
- Personnes concernées
- N.A.
- Année
- 2012
- Date de modification
- 13 févr. 2020
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 de modification
- 13 févr. 2020
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 10
- Paragraph text
- The Special Rapporteur also acknowledges that, while only a segment of civil society organizations can work directly on election-related issues, such as voter education, election observation, the reform of electoral institutions and the accountability of candidates and elected officials, the election period provides a prime opportunity for a broader range of civil society organizations to engage with would-be elected representatives, highlight their concerns and interests, with a view to getting policy responses, and in general exercise their rights to participate in public affairs. For that reason, any discussion of the rights to freedom of peaceful assembly and of association in the context of elections must be inclusive of all civil society organizations, regardless of their areas of focus.
- 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 de modification
- 13 févr. 2020
Paragraphe