A/HRC/32/20
these human rights that people are able to contribute to political, social, cultural and
economic development.
13.
Constitutions across all regions guarantee the right to freedom of opinion and
expression and to peaceful assembly and association, the right to participate and the
principle of participatory democracy. Yet the gap between the text and the everyday
exercise of public freedoms can be significant. A comprehensive legal framework (e.g.,
legislation, by-laws and administrative rules and practices) that is compliant with the
international standards protecting public freedoms is a prerequisite to creating and
maintaining a safe, enabling environment for civil society to carry out activities.
Freedom of opinion and expression
14.
In its general comment No. 34 (2011) on the freedoms of opinion and expression,
the Human Rights Committee states that a free, uncensored and unhindered press or other
media is essential in any society to ensure freedom of opinion and expression and the
enjoyment of other rights contained in the International Covenant on Civil and Political
Rights; it constitutes one of the cornerstones of a democratic society. The European Court
of Human Rights has consistently supported civil society’s role in bringing matters of
public interest to open debate.4 Media contribute to public space where matters of public
interest are debated and give voice to diverse perspectives, including to indigenous or
minority communities, refugees and migrants, in diverse languages, in print and online,
including in versions accessible for persons with disabilities.
15.
In Croatia, independent and pluralist media freely monitor and report on human
rights issues, acting as a watchdog.5 Civil Space Initiative cited laws in Argentina and
Uruguay as positive examples of the redistribution of broadcast frequencies to counter
media monopolies.6 In Austria, the Ombudsman Board features in a weekly television
programme to inform the public and openly discuss sensitive matters such as complaints of
maladministration and human rights issues. Panel debates or phone-ins featuring public
officials together with representatives of civil society assist in information sharing, provide
an opportunity to hear different viewpoints and contribute to transparency and informed
decision-making. In El Salvador, television and radio programmes provide an opportunity
for questions to be raised and addressed publicly.7
Freedom of association
16.
Minimal legal and administrative provisions, favouring simple notification to a
neutral body and available to all at little or no cost, with no compulsory registration
requirement for basic operations, best encourage a diverse and independent civil society.
The Constitution of Montenegro recognizes that forming an association is a right that
requires no form of approval; it is applicable to children from the age of 14 years.8 In
4
5
6
7
8
Convention on the Rights of the Child (arts. 13 and 15); the Convention on the Rights of Persons with
Disabilities (arts. 21, 29 and 30); the International Convention for the Protection of All Persons from
Enforced Disappearance (art. 24); and the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (art. 26).
See Steel and Morris v. United Kingdom, application No. 68416/01, judgment of 15 February 2005.
Permanent Mission of Croatia to the United Nations Office at Geneva.
Civic Space Initiative is a consortium composed of the International Centre for Not-for-Profit Law/
European Centre for Not-For-Profit Law, Article 19: International Centre against Censorship,
CIVICUS: World Alliance for Citizen Participation and the World Movement for Democracy.
Permanent Mission of El Salvador to the United Nations Office at Geneva.
Permanent Mission of Montenegro to the United Nations Office at Geneva.
5
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