A/HRC/22/28
illegal), with special reference to the use of (deadly) force by the police during
demonstrations. […] This process is important, not only in terms of providing clarity on the
applicable standards, but also in order to raise awareness and solicit collaboration for a
global law reform effort in respect of assembly rights” (para. 143).
23.
Beyond legal frameworks, management of demonstrations, in practice, also requires
knowledge of crowd behavior, adequate equipment – including a range of less-than-lethal
weapons – and appropriate training of law enforcement officials, including in human rights.
The latter play an important role in ensuring that responses to protests do not lead to
escalated violence and human rights violations, including loss of life.
24.
The Special Rapporteur on extrajudicial, summary or arbitrary executions also made
reference to a so-called “negotiated management” approach to the process of policing
assemblies. According to this approach, the task of the police is to protect rights and
facilitate, rather than frustrate, demonstrations; they should help to diffuse tension and
prevent a dangerous escalation of the situation. Several countries that follow this approach
have also formalized the role of the so-called “safety triangle” during demonstrations, based
on continuous communication and interaction between the organizers of the protest, the
local or State authorities and the police, aimed at averting risks and ensuring smooth
management of the assembly.
IV. National legislation, effective measures and best practices
A.
Relevant national legislation
25.
All States which provided input for this report indicated that the right to peaceful
assembly, which in some cases also makes reference to peaceful protest or demonstration,
is protected by the Constitution, specific legislation or both.
26.
Costa Rica observed that peaceful protest is used as a means to gather support from
civil society and the State on issues that affect those demonstrating, and is part of the
exercise of an active and participatory democracy. According to its Constitutional Court,
peaceful demonstrations are a manifestation of freedom of expression which enjoy judicial
protection.11
27.
The Mongolian Constitution protects citizens’ freedom to peaceful demonstration
and assemblies. Mongolia also has a Law on Procedures to Organize Demonstrations and
Assemblies.
28.
Switzerland indicated that the freedom to protest is essential in a State based on the
freedom of its citizens, and that this right is protected through provisions on freedom of
opinion and information, as well as freedom of association in the federal Constitution.
29.
Spain noted that its Constitution recognizes the right of assembly and peaceful
protest without use of any weapons. It added that peaceful protest is legally characterized as
a collective demonstration of the freedom of expression by means of a temporary assembly
of persons whose purpose is to exchange or expose certain ideas, defend specific interests
or publicize problems or demands. Spain also stressed the close relationship in law between
the right of peaceful assembly and the right of freedom of expression. 12
11
12
8
Costa Rica, Constitutional Court, judgement No. 03020 (2000).
Spain, Constitutional Court, sentencia 96/2010 of 15 November 2010, FJ 3.
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