A/HRC/32/20
independent judiciary ensures the implementation of international human rights standards
and inspires the confidence of all stakeholders.
22.
Courts must be able to review, in a timely manner, sanctions by State authorities
against civil society organizations to assess whether such measures are legitimate,
necessary and proportionate. For instance, when the Registry of Associations refused to
register an association monitoring the human rights of lesbian, gay, bisexual, transgender
and intersex individuals on the grounds that it contravened public order, law and morals,
the Constitutional Court of El Salvador reaffirmed the right to register of associations
established for lawful purposes and ordered that the association’s request for registration be
considered regardless of the gender identity or sexual orientation of those concerned. 14 The
Constitutional Court of Turkey examined a ban on accessing YouTube and Twitter, finding
a violation of the right to freedom of information and expression. 15
23.
As national human rights institutions can contribute substantively to maintaining
civil society space, their regulatory framework must be guaranteed by laws that fully
comply with the principles relating to the status of national institutions for the promotion
and protection of human rights (the Paris Principles) to ensure their independence and
effective functioning.16 In Australia17 and the Netherlands,18 for example, institutions have
also been created to promote and protect the rights of specific groups, such as an
ombudsman for children, persons with disabilities and indigenous communities, in addition
to anti-discrimination monitoring bodies, all of which work closely with the national human
rights institution.
24.
Constitutional provisions may also explicitly guarantee the primacy of international
law over national law and the right of individuals and associations to have recourse to
international and regional bodies, mechanisms and courts. Moreover, they may provide for
the implementation of decisions of international bodies.
25.
Access to some regional mechanisms, including courts, can be an effective way to
seek justice when the national judiciary is fragile or lacks independence. Modalities for
civil society engagement with such mechanisms vary. The Inter-American Commission on
Human Rights and the Inter-American Court of Human Rights were cited by the
Government of El Salvador,19 among others, as affording easy and direct access for
individuals and civil society groups wishing to bring cases and petitions for consideration,
while Burkina Faso20 noted civil society’s engagement with the African Court for Human
and Peoples’ Rights and the African Commission on Human and Peoples’ Rights.
B.
Conducive public and political environment
26.
Ensuring that public freedoms are guaranteed by law and upheld by institutions is
certainly a foundation for an enabling environment for civil society to work freely and
independently. But it must be complemented by a political culture that recognizes the value
of civil society and encourages its engagement. In pursuance of target 17.17 of the
Sustainable Development Goals, States should encourage and promote effective public,
14
15
16
17
18
19
20
Permanent Mission of El Salvador to the United Nations Office at Geneva.
Civic Space Initiative.
The national human rights institutions of Austria, Azerbaijan and Guatemala, among others.
Permanent Mission of Australia to the United Nations Office at Geneva.
Permanent Mission of the Netherlands to the United Nations Office at Geneva.
Permanent Mission of El Salvador to the United Nations Office at Geneva.
Permanent Mission of Burkina Faso to the United Nations Office at Geneva.
7
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