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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 2014, para. 69
- Paragraph text
- In its draft general comment on article 12, the Committee on the Rights of Persons with Disabilities states that the recognition of equal legal capacity for persons with disabilities is a key principle that is inextricably linked to the enjoyment of other rights, including the freedom of association and the right to participate in political and public life (CRPD/C/11/4, paras. 44-45). Legal capacity is distinguished from mental capacity, with the former referring to the ability to hold rights and duties and the ability to exercise those rights and duties (ibid., para. 12). The paradigm shift in perceptions of the legal capacity and equality before the law for persons with disabilities, brought about by the Committee on the Rights of Persons with Disabilities, has not yet become entrenched in practice. The shift from substitute decision-making to supported decision-making has profound implications on how and with whom persons with disabilities associate.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 17
- Paragraph text
- The legitimacy of civil society participation at the international level is further affirmed by the Charter of the United Nations, which acknowledges that the Economic and Social Council may consult with NGOs concerned with matters within its competence. The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms in its preamble stated that the General Assembly recognizes "the right and the responsibility of individuals, groups and associations to promote respect for and foster knowledge of human rights and fundamental freedoms at the national and international levels". Article 5 of the Declaration recognizes the right of everyone, individually and in association with others, at the national and international levels, to communicate with non governmental and intergovernmental organizations. These organizations have an implicit corresponding obligation to take action on such communications.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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. 43
- Paragraph text
- The ability to hold peaceful assemblies is a fundamental and integral component of the multifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone. Such ability is of utmost importance to the work of civil society actors, including those promoting the realization of economic, social and cultural rights, as it enables them to publicly voice their message, which ultimately benefits the realization of the right(s) they strive to promote and protect, especially in the context of the ongoing dire economic crisis. This is all the more relevant for groups most at risk of violations and discrimination, such as women, youth, indigenous peoples, persons with disabilities, persons belonging to minority groups, groups at risk because of their sexual orientation and gender identity and non-nationals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 36
- Paragraph text
- Free market fundamentalism in the United States of America has led to a systematic rollback of the right to freedom of association for workers in several jurisdictions, particularly in the 26 States that have enacted so-called "right to work" legislation. The laws forbid unions from negotiating contracts that require all workers represented by a union to pay dues. Proponents of the laws frame their purpose in free market terms, saying that employees should "decide for themselves whether or not to join or financially support a union". But at the same time, United States law requires unions to represent all employees in a bargaining unit. Thus, the effect of the "right to work" laws is to give non-dues-paying workers a free ride: they reap the benefits that the union has negotiated without having to pay the costs. This can weaken unions over the long run, and the Special Rapporteur views these laws as legislative obstacles intentionally designed to discourage people from exercising their right to freedom of association in the workplace.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 28
- Paragraph text
- Low-wage migrant workers face severe economic exploitation, social exclusion and political disenfranchisement. They are often denied their freedoms of peaceful assembly and of association because of their irregular status or by structural barriers in legal channels that systematically disempower workers. Exorbitant recruitment fees leave them with unrepayable debt. In the destination country, they are often paid low wages or not paid at all. They are subject to unsafe and unhealthy working and living conditions, and gender-based violence. They are typically without access to health care, leave or other social benefits. Many find themselves trafficked, in conditions of forced labour or slavery, isolated, unpaid, with restricted freedom of movement and no access to justice. Because most migrant workers are effectively barred from forming and joining unions, they are unable to advocate to improve wages and working conditions. Migrants have become a massive, disposable, low-wage workforce excluded from remedies or realistic opportunities to bargain collectively for improved wages and working conditions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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. 64
- Paragraph text
- In addition to legislation that restricts the right to the freedom of assembly of LGBTI people through discriminatory law that prohibits "propaganda" or the "promotion" of homosexuality, some legislation also specifically prohibits the formation, running, participation in or support of organizations that advocate for the protection of the human rights of LGBTI people. This is the case of the above-mentioned Same Sex Marriage (Prohibition) Act in Nigeria. The Special Rapporteur highlights that the Human Rights Committee has clarified that any limitations to rights protected by the International Covenant on Civil and Political Rights, when permitted by the Covenant, may not be imposed for discriminatory purposes or applied in a discriminatory manner. Therefore, provisions restricting or prohibiting the right to freedom of association of a specific group on discriminatory grounds, such as sexual orientation or gender identity, is not permitted under the Covenant and must be reviewed with a view to repeal.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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. 33
- Paragraph text
- There may be legitimate and non-criminal reasons for wearing a mask or face covering during a demonstration, including fear of retribution. For example, in Egypt, article 6 of the 2013 law on protests and demonstrations prohibits the wearing of a mask to hide the face during any assembly. That provision contains no exceptions and could be used to discriminate against women who wear the niqab, effectively preventing them from participating in public meetings or protests. Such laws may also be used against individuals with medical disabilities who wear face masks for medical purposes. Certain peaceful protest movements in the Arab world, Western Europe, North America and elsewhere have adopted the use of the Guy Fawkes mask as an emblem. The mask is particularly popular among youth and student protest movements. The donning of this mask can be as much a political statement - a way of identifying with one's fellow demonstrators and a worldwide movement - as it is an attempt to conceal identity.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Youth
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 24
- Paragraph text
- Article 71 of the Charter of the United Nations, for example, is implemented primarily via the United Nations Committee on Non-Governmental Organizations, which recommends Economic and Social Council status for NGOs wishing to participate in the Council. Status is required of NGOs to attend and participate in many United Nations meetings, and to make statements before the Human Rights Council. The Special Rapporteur received numerous complaints that the process of obtaining Council status is long, complex, costly, beyond the capability of many small civil society organizations and impossible to obtain for informal organizations and grass-roots networks, in particular those which do not have access to the Internet. This has resulted in a perceived underrepresentation of smaller organizations, such as lesbian, gay, bisexual and transgender groups and civic organizations from the Global South. In addition to these practical barriers, NGO applicants also face political ones. The Special Rapporteur reviews both in section IV below.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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. 80
- Paragraph text
- Moreover, the Special Rapporteur believes that the "Arab Spring", and the "occupy movement" which subsequently flourished in many parts of the world, have opened a door which will never be closed. They provide a non-violent alternative for change as well as give authorities a chance to understand the views and feelings of citizens. These events indelibly confirmed that holding peaceful assemblies is a legitimate and powerful means to make calls for democratic change; greater respect for human rights, including economic, social and cultural ones; and accountability for human rights violations and abuses. The ability to hold such assemblies has proven particularly crucial for groups most at risk of violations and discrimination enabling them to address their often desperate plight in a meaningful manner.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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. 69
- Paragraph text
- Possible issues for discussion include an estimate of the number of participants expected; itinerary of the assembly, if it is not static; specific needs of persons with disabilities and groups at risk, such as women, indigenous peoples and groups who, due to their sexual orientation and/or gender identity may be in need of greater protection by the authorities; need to deploy properly trained and clearly identified stewards whose role is to provide assistance to organizers by, inter alia, informing and orienting the public during the event, but who should not be used to palliate deficiencies in the security apparatus. Importantly, when organizers cannot be identified due to the nature of certain assemblies (such as those convened through the Internet), the authorities must undertake such planning and be prepared to the same extent.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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. 54
- Paragraph text
- By contrast, as in the view of the OSCE/ODIHR Panel of Experts, a notification should be considered as unduly bureaucratic if any of the following requirements is imposed on the organizers: that there be more than one named organizer; that only registered organizations are considered as legitimate organizers; that formal identity documents, such as passports or identity cards, be produced; that identification details of others involved in the event, such as stewards be provided; that reasons for holding an assembly, bearing in mind the principle of non-discrimination, be given; and that the exact number of participants, which is difficult to predict, be given. In this connection, the authorities should not punish organizers if the number of participants does not match the anticipated number, as stipulated by domestic legislation (as has occurred in the Russian Federation).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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. 9
- Paragraph text
- Legal frameworks and policies related to resources have a significant impact on the freedom of association; they can strengthen the effectiveness and facilitate the sustainability of associations or, alternatively, subjugate associations to a dependent and weak position. Moreover, for associations promoting human rights, including economic, social and cultural rights, or those involved in service delivery (such as disaster relief, health-care provision or environmental protection), access to resources is important, not only to the existence of the association itself, but also to the enjoyment of other human rights by those benefitting from the work of the association. Hence, undue restrictions on resources available to associations impact the enjoyment of the right to freedom of association and also undermine civil, cultural, economic, political and social rights as a whole.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 56
- Paragraph text
- The Special Rapporteur wishes to underscore the fact that electoral periods are a unique moment in the life of a nation to confirm, and even strengthen, democratic principles, such as non-discrimination, gender equality, pluralism of views and parity. Democracy is a singular way of allowing for effective popular participation in decision-making processes at both national and local levels. He stresses that electoral periods are such an important time to build democratic, responsive and accountable institutions and that very strict and clear safeguards should be put in place by States to prevent undue interference in public freedoms, in particular in the rights to freedom of peaceful assembly and of association. Further, in times of elections, States should make greater efforts to facilitate and protect the exercise of these core rights, which should be enjoyed by everyone, especially by members of groups at risk. In effect, genuine elections cannot be achieved if the rights to freedom of peaceful assembly and of association are curtailed.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 13
- Paragraph text
- The centrality of the rights to freedom of peaceful assembly and of association in the context of elections is affirmed in various other international and regional human rights treaties and other bodies. Member States of the African Union in the Declaration on the Principles Governing Democratic Elections in Africa (sect. III (d)) explicitly commit themselves to safeguarding the human and civil liberties of all citizens, including the freedom of movement, assembly, association, expression, and campaigning, as well as access to the media on the part of all stakeholders, during electoral processes. The Organization for Security and Cooperation in Europe Copenhagen Document, which outlines the commitment of member States in the field of elections, explicitly guarantees the rights of peaceful assembly and of association (paras. 9.2 and 9.3). Although other regional instruments on democracy do not explicitly refer to the right to freedom of association, they recognize that political parties and other forms of associations are vital components for the strengthening of democracy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 78
- Paragraph text
- The Committee has also decided on the suspension or withdrawal of the consultative status of NGOs in a manner which does not comply with the provisions of Economic and Social Council resolution 1996/31. For example, in July 2010, 31 NGOs and groups sent a joint letter to Ambassadors to the Economic and Social Council expressing concern about the decisions made by the Committee calling for the suspension of the consultative status of Interfaith International and Centre Europe-Tiers Monde/Third World International for two years, at the request of Pakistan and Turkey, respectively; and the withdrawal of the consultative status of the General Federation of Iraqi Women, at the request of Iraq. According to the signatories of the letter, "the process used by the Committee to decide on the suspension or withdrawal of the status of these NGOs was hurried and failed to respect the procedural safeguards required by Economic and Social Council resolution 1996/31. In particular, the process did not allow the NGOs a reasonable opportunity to respond to the allegations against them."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 35
- Paragraph text
- In his third report to the Human Rights Council (A/HRC/26/29), in which he assessed the threats against groups most at risk when exercising their rights to freedom of peaceful assembly and association, the previous mandate holder focused on the challenges facing groups that were often relegated to the margins of society, both in their daily lives and in the exercise of those rights. In the report, he highlighted the link between the denial of those rights and the marginalization of such groups and how that marginalization exacerbated their inability to effectively exercise their rights. Some of the groups considered to be most at risk were persons with disabilities; youth, including children; women; lesbian, gay, bisexual, transgender and intersex people; members of minority groups; indigenous peoples; internally displaced persons; and non-nationals, including refugees, asylum seekers and migrant workers. For the purpose of the report, the groups most at risk also included groups and individuals who were targeted not because of their identity, but because they actively lobbied for the rights of those most at risk of discrimination and retribution. He noted that human rights defenders, including journalists, trade unionists and environmental activists, faced considerable opposition, harassment, stigmatization and even physical attacks from State and non-State actors in many countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- LGBTQI+
- Persons on the move
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 94
- Paragraph text
- The Special Rapporteur encourages States and civil society groups to create and expand initiatives to educate people, particularly youth, on the importance of pluralism, tolerance and diversity in democratic societies.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 26c
- 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: (c) Religious fundamentalism
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 101i
- Paragraph text
- [The Special Rapporteur recommends that the International Labour Organization:] Pursue standard setting to ensure that workers in informal employment can enjoy the right to freedom of association and to bargain collectively;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 100iv
- Paragraph text
- [The Special Rapporteur recommends that civil society, including trade unions:] Continue to advocate for equal opportunity to present their views in consultations with Governments and businesses on matters that affect workers' rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98i
- Paragraph text
- [The Special Rapporteur recommends that States:] Adopt and implement all recommendations contained in his previous reports, recognizing that workers in vulnerable situations are more likely to experience violations of their rights than other groups;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 96
- Paragraph text
- States have obligations under international human rights law to ensure that everyone within their jurisdiction is able to exercise his or her rights. Those obligations include refraining from violating workers' rights, taking positive measures to fulfil the rights and protecting against violations by third parties.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 92
- Paragraph text
- Nevertheless, the Special Rapporteur notes the positive impact that the Accord on Fire and Building Safety in Bangladesh has had on improving garment workers' ability to exercise their assembly and association rights. Global brands, retailers and unions are signatories to the legally binding agreement, established in May 2013, giving garment workers a voice in improving their workplaces.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 75
- Paragraph text
- Other States generally fail to protect workers against employer violations or to enforce their own laws. In fact, many do not stop at benign neglect, but support or collude with employers to infringe upon workers' rights to peaceful assembly and to association. In the United States, Tennessee State officials reportedly offered nearly $300 million in incentives to Volkswagen for adding a production line to a factory, but the offer was contingent on the plant remaining non-unionized (A/HRC/32/36, para. 38). In the State of Georgia in the United States, police called in by the company prevented union organizers from distributing leaflets outside the company's gates, and issued a citation that carried the comment: "picketing drivers to become union". The State government of Mississippi touts the lack of unionization as a great benefit when courting potential employers. The dangers of that are exemplified by the situation at the Nissan plant in Canton, where the company has aggressively worked to prevent unions from organizing. During his official visit to the United States in July 2016, the Special Rapporteur was informed that Nissan operates 44 major plants throughout the world; all of them are unionized, except for two of them in the south of the United States.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
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