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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 26
- Paragraph text
- Fundamentally, the Special Rapporteur considers as a best practice the presumption in favour of holding peaceful assemblies, as stressed by the OSCE/ODIHR Panel of Experts on Freedom of Peaceful Assembly. Such a presumption should be "clearly and explicitly established in the law", enshrined either in constitutions or in laws governing peaceful assemblies (e.g. as in Armenia and Romania).
- 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
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 11
- Paragraph text
- The theme of sectoral equity is one that the Special Rapporteur has referred to in his previous reports (see A/HRC/23/39 and A/HRC/26/29/Add.2). He has observed that Governments often treat businesses and civil society differently, even where no reasonable justification in accordance with international norms exists. For example, registration requirements for businesses are considerably less cumbersome and faster in Rwanda than requirements for registration of NGOs. Similarly, no special financial regulations at the global level exist to regulate the private sector as a whole, other than guidance for financial institutions in detecting terrorist financing. Yet recommendation 8 of the Financial Action Task Force on Money Laundering requires that laws and regulations of member States on non-profit organizations be reviewed so as to prevent abuse of such organizations for the financing of terrorism. There is no evidence that the civil society sector is more prone than the private sector to money-laundering activities or terrorism-related financial activity or even that any such activity in the civil society sector justifies the sector-wide approach that the Task Force has adopted. Furthermore, States do not generally object to corporations investing capital from foreign sources in their jurisdictions in the same way they do if civil society organizations receive foreign funding.
- 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
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 81
- Paragraph text
- In this regard, the Special Rapporteur cites Australia, Jamaica, Switzerland and the United States as examples of good practice. Each of those States exempts the revenue of certain associations from income tax, and in the case of the United States donors are allowed to deduct donations from their income. Those privileges foster associations' ability to seek, secure and use resources and to do their work more effectively.
- 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
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 23
- Paragraph text
- The context of elections may also heavily impact on the rights to freedom of peaceful assembly and of association. This is particularly the case when assemblies are systematically prohibited or when individuals active in associations promoting transparent and fair electoral processes and defending democratic principles are subject to harassment and intimidation for their civic activism.
- 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
- Année
- 2012
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 36
- Paragraph text
- The Registrar of Societies in Malaysia has absolute discretion to revoke the registration of societies which "in his opinion" are being used for purposes prejudicial to or "incompatible with the interest of the security of Malaysia or any part thereof, public order or morality". The law provides no recourse to the courts. The dissolution of companies may be ordered for similar reasons, but only after the issuance of a court order.
- 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
- All
- Année
- 2015
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 86
- Paragraph text
- Businesses' relationship with the government in many States can be described as "cosy" and is often characterized by privileged access and treatment. It is not uncommon for politicians to be former businesspeople and vice versa or to have close, even family, ties to the business sector. Even those without extensive personal experience in commerce undoubtedly rely to some extent on the support of the business community.
- 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
- Equality & Inclusion
- Année
- 2015
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 14
- Paragraph text
- Non-State actors (including natural and legal persons and groups or associations) similarly may take advantage of a weak State apparatus or work together with State agents. Some may form associations whose sole purpose is to advance ideologies favoured by the State in order to crowd out space for independent organizations.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 24
- Paragraph text
- An "assembly" is an intentional and temporary gathering in a private or public space for a specific purpose. It therefore includes demonstrations, inside meetings, strikes, processions, rallies or even sits-in. Assemblies play a vibrant role in mobilizing the population and formulating grievances and aspirations, facilitating the celebration of events and, importantly, influencing States' public policy.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Année
- 2012
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. 42
- Paragraph text
- The Special Rapporteur wishes to highlight that there is an inherent contradiction in States restricting funding to associations, while at the same time receiving increased funding through international cooperation. He believes that instead of aiming to limit the participation of civil society actors, aid effectiveness rather aims to provide all relevant stakeholders, including associations, with greater influence to contribute to, inter alia, poverty reduction, strengthening of democratic reforms and human rights promotion. For example, in Busan, Republic of Korea, assurances were made to "implement fully respective commitments to enable CSOs to exercise their roles as independent development actors, with a particular focus on an enabling environment, consistent with agreed international rights, that maximizes the contributions of CSOs to development" (emphasis added). The independence of the civil society sector, including in terms of access to funding, should therefore be guaranteed. In the context of ongoing discussions related to the post-2015 Millennium Development Goals, the Special Rapporteur believes that civil society involvement and contributions to development are paramount, and that States should exert all efforts to support, rather than inhibit, their work.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 79
- Paragraph text
- States' positive obligation to establish and maintain an enabling environment for associations extends to fostering the ability to solicit, receive and utilize resources. Some States do this by extending tax privileges to associations registered as non-profit entities. Such privileges may include exemption from income tax (for the recipient association and the donor), such as in Bulgaria and Lithuania, or from other taxes.
- 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
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 50
- Paragraph text
- The rights to freedom of peaceful assembly and of association are recognized in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- 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
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2016
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 65
- Paragraph text
- The Special Rapporteur emphasizes that States have a responsibility to protect the peaceful assembly and association rights of all people, even if they hold unpopular views or practise a minority faith. This responsibility includes the duty to protect individuals and groups from attacks by non-State actors, and to ensure accountability when such attacks occur.
- 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
- Année
- 2016
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 69
- Paragraph text
- In many countries, domestic funding is very limited or non-existent, leading associations to rely on foreign assistance to conduct their activities. The Special Rapporteur echoes the recommendations put forward by the then Special Representative of the Secretary-General on the situation of human rights defenders who affirmed that "governments must allow access by NGOs to foreign funding as a part of international cooperation, to which civil society is entitled to the same extent as Governments" (A/59/401, para. 82), He believes that the same principle should apply to any associations regardless of the goals, in line with international law, they pursue. He considers as best practice legislation that does not prescribe the approval of the authorities before receiving domestic and foreign funding (e.g. Lebanon, Morocco and the United States). The barriers to foreign funding range from undue delay in approval for funding an association's project (e.g. Bangladesh) to the requirement of obtaining a prior authorization from the authorities. Some legislation even prohibits human rights associations from receiving more than 10 per cent of their overall resources from foreign sources. In Ethiopia where this legislation is in place, out of the 127 associations advocating for human rights active before the 2009 Charities and Societies Proclamation entered into force, very few reportedly still operate.
- 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
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2012
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 65
- Paragraph text
- Authorities must also respect the right of associations to privacy as stipulated in article 17 of the Covenant on Civil and Political Rights. In this connection, authorities should not be entitled to: condition any decisions and activities of the association; reverse the election of board members; condition the validity of board members' decisions on the presence of a Government representative at the board meeting or request that an internal decision be withdrawn; request associations to submit annual reports in advance; and enter an association's premises without advance notice. The Special Rapporteur recognizes the right of independent bodies to examine the associations' records as a mechanism to ensure transparency and accountability, but such a procedure should not be arbitrary and must respect the principle of non-discrimination and the right to privacy as it would otherwise put the independence of associations and the safety of their members at risk. As a best practice, the decision of the African Commission on Human and Peoples' Rights found that the right to freedom of association had been violated when the Government of Nigeria provided the Nigerian Bar Association with a new governing body and laid down that 97 of the 128 members constituting this body would be appointed by the Government (report of the Special Rapporteur on the situation of human rights defenders, A/64/226, para. 34).
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2012
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 38
- Paragraph text
- Involuntary dissolution and suspension are perhaps the most serious sanctions that the authorities can impose on an organization. They should be used only when other, less restrictive measures would be insufficient and should be guided by the principles of proportionality and necessity. Moreover, associations should have the right to appeal decisions regarding suspension or dissolution before an independent and impartial court.
- 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
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 40
- Paragraph text
- The Special Rapporteur holds the view that as long as such an assembly is peaceful, States have the obligation to facilitate the gathering whether or not authorities agree with the content of the message. Any interference with such peaceful assemblies, including dispersal, should meet the strict tests of necessity and proportionality stipulated in international human rights standards.
- 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
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 16
- Paragraph text
- In other cases still, abuses may come purely at the hands of non-State actors, with the role of State actors being less obvious. This is seen, for example, when private parties publicize messages of ethnic or national superiority or when community leaders impose their cultural values at the expense of those held by other groups.
- 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
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 80
- Paragraph text
- National human rights institutions, which comply with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles), can also play a role in receiving and investigating allegations of human rights violations and abuses (e.g. Malaysia and Portugal). The work of these institutions should be respected and facilitated by the authorities.
- 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
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 9
- Paragraph text
- In the present report, the Special Rapporteur focuses on the role of associations broadly, including political parties, as central vehicles through which individuals can take part in the conduct of peaceful affairs through chosen representatives. Political parties have an essential role to play "in ensuring pluralism and the proper functioning of democracy". The present report adopts the definition of a political party as "a free association of persons, one of the aims of which is to participate in the management of public affairs, including through the presentation of candidates to free and democratic elections". Of significance is the fact that a political party is an "association" (A/HRC/20/27, paras. 51-52), albeit a specialized one that may be regulated by separate legislation and that is subject to rules different from those of other associations. The Special Rapporteur considers the key difference between political parties and other associations to be the ability of political parties to present candidates for elections and to subsequently form governments, should those candidates win in genuine elections. Hence, he stresses that the engagement of civil society organizations in the electoral process should not lead to their being involuntary labelled or treated as political parties simply as a result of their having participated in public life in the way in which they have chosen.
- 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
- Année
- 2013
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 69
- Paragraph text
- India, for example, has long had a reputation of being hostile towards foreign investment in its business sector, but is now encouraging foreign investment in several sectors. Yet the country's Foreign Contribution Regulation Act requires civil society organizations receiving funds from "foreign sources" to receive prior permission or to register under the Act, establishing a de facto permission process for foreign donations.
- 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
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 43
- Paragraph text
- Without the ability to organize and take collective action at work, too many of the world's working women are forced to labour in climates of violence and fear. The ever-present threat of the loss of employment, health, opportunities to provide for one's family and, potentially, one's life, exacerbates the challenge for workers to defend their basic rights to freedom of peaceful assembly and association.
- 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
- Equality & Inclusion
- Personnes concernées
- Families
- Women
- Année
- 2016
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 26d
- Paragraph text
- In the following sections, the Special Rapporteur provides examples of how fundamentalism can spur intolerance that leads to violations of assembly and association rights, and highlights the responsibilities of States and non-State actors to prevent and remedy the violations. For ease of reference, four overarching categories are used: (d) Cultural and nationalist fundamentalisms
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 64
- Paragraph text
- Racial discrimination can prevent workers from exercising their peaceful assembly and association rights, as in Colombia, where approximately 75 per cent of the workforce in Colombia's ports, primarily Afro-descendant workers, are employed under flexible contracts and not allowed to join unions or to bargain. Many of the thousands of trade unionists in Colombia murdered between 1986 and 2011 were Afro-Colombian.
- 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
- Economic Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2016
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 72
- Paragraph text
- Cultural fundamentalist and nationalist groups may express these ideologies through protests and rallies. One example is the group Patriotic Europeans against the Islamization of the West (Pegida), in Germany, which believes that State immigration policies are enabling erosion of the culture of Germany. Rallies by such nationalist groups often attract counter-demonstrators who assemble in support of tolerance and diversity, and the management of such assemblies and counter-assemblies is of concern. Opposing assemblies are likely to provoke tensions that increase the potential for violence and therefore also increase the need for even-handed management and facilitation by law enforcement officials. In relation to assemblies in the United Kingdom by the English Defence League, which opposes perceived Islamism, the police have been criticized for employing tactics that dissuaded would-be counter-demonstrators from participating in assemblies. This has led to a perception of bias against the Muslim community, because members of the English Defence League were not subject to similar restrictions. The Special Rapporteur stresses that State handling of demonstrations and counter-demonstrations in these contexts should ensure that each group can exercise its rights without undue interference by the authorities or by opposing rally participants (see A/HRC/31/66, para. 24).
- 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
- Equality & Inclusion
- Personnes concernées
- Activists
- Année
- 2016
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
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
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
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 78
- Paragraph text
- The Special Rapporteur considers as best practice legislation which provides for criminal and disciplinary sanctions against those who interfere with or violently disperse public assemblies through excessive use of force (e.g. Bulgaria, Burkina Faso, Colombia, Cote d'Ivoire, Cuba, Estonia, Japan, Kyrgyzstan, Portugal, Republic of Moldova, Serbia and Spain). More specifically, in Colombia, according to the law, the excessive or arbitrary use of force against peaceful demonstrators constitutes a grave breach, under the disciplinary regime for the national police. Similarly, in Portugal, a decree-law foresees sanctions against authorities who hinder the right to freedom of peaceful assembly, and article 382 of Criminal Code sets the applicable sanctions in relation to the abuse of power.
- 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
- Humanitarian
- Année
- 2012
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 31
- Paragraph text
- With regard to the responsibilities of organizers, the Special Rapporteur is of the opinion that "organizers should not incur any financial charges for the provision of public services during an assembly (such as policing, medical services and other health and safety measures)". He is informed that, in Austria, there are no fees to be paid for the protection of assemblies. Most importantly, "assembly organizers and participants should not be considered responsible (or held liable) for the unlawful conduct of others… [and, together with] assembly stewards, should not be made responsible for the maintenance of public order". The Special Rapporteur considers as a good practice, when necessary, the use of stewards appointed by the organizers of an assembly, i.e. persons who provide assistance to them by, inter alia, informing and orienting the public during the event. Stewards should be clearly identifiable and properly trained.
- 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
- Equality & Inclusion
- Health
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 15
- Paragraph text
- According to article 4 of the International Covenant on Civil and Political Rights, the right of peaceful assembly and the right to freedom of association are not absolute rights. Resolution 15/21 (OP 4) makes clear that they "can be subject to certain restrictions, 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".
- 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
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 35
- Paragraph text
- The right to life (art. 3 of the Universal Declaration on Human Rights and art. 6 of the Covenant on Civil and Political Rights) and the right to be free from torture or cruel, inhuman or degrading treatment or punishment (art. 5 of the Declaration and art. 7 of the Covenant) should be the overarching principles governing the policing of public assemblies, as stated by several countries. In this regard, soft law provisions - the Code of Conduct for Law Enforcement Officials (in particular articles 2 and 3) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (in particular principles 4, 9 and 13) - aim at guiding law enforcement officials when policing peaceful protests. In this connection, the Inter-American Court on Human Rights stated that the "pretext of maintenance of public security cannot be invoked to violate the right to life … the State must ensure that, if it is necessary to resort to physical means ... members of its armed forces and its security bodies will use only those means that are indispensable to control such situations in a rational and proportional manner, and respecting the rights to life and to humane treatment". The Special Rapporteur on extrajudicial, summary or arbitrary executions also stated that "the only circumstances warranting the use of firearms, including during demonstrations, is the imminent threat of death or serious injury" (A/HRC/17/28, para. 60). With regard to the use of tear gas, the Special Rapporteur recalls that gas does not discriminate between demonstrators and non-demonstrators, healthy people and people with health conditions. He also warns against any modification of the chemical composition of the gas for the sole purpose of inflicting severe pain on protestors and, indirectly, bystanders.
- 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
- All
- Année
- 2012
Paragraphe