A/HRC/20/27
European Union Presidency Conference entitled “Civil Society Organisations, Human
Rights and Development” in Copenhagen, organized by Concord Danmark and, on 16
March 2012, he attended the Fiftieth Anniversary Conference of the Ministry of Foreign
Affairs of Denmark in Copenhagen.
11.
On 13 September 2011, pursuant to Council decision 17/120, the Special Rapporteur
participated in a panel discussion on the promotion and protection of human rights in the
context of peaceful protest, organized during the eighteenth session of the Council. The
Office of the United Nations High Commissioner for Human Rights prepared a summary
report of the discussion (A/HRC/19/40).
III. Best practices related to the rights to freedom of peaceful
assembly and of association
A.
Common principles
1.
Legal framework
12.
The rights to freedom of peaceful assembly and of association serve as a vehicle for
the exercise of many other civil, cultural, economic, political and social rights. The rights
are essential components of democracy as they empower men and women to “express their
political opinions, engage in literary and artistic pursuits and other cultural, economic and
social activities, engage in religious observances or other beliefs, form and join trade unions
and cooperatives, and elect leaders to represent their interests and hold them accountable”
(Council resolution 15/21, preamble). Such interdependence and interrelatedness with other
rights make them a valuable indicator of a State‟s respect for the enjoyment of many other
human rights.
13.
Resolution 15/21 reaffirms that “everyone has the rights to freedom of peaceful
assembly and of association” (emphasis added). This provision must be read jointly with
article 2 of the International Covenant on Civil and Political Rights, which stipulates that
“each State Party undertakes to respect and to ensure to all individuals within its territory
and subject to its jurisdiction the rights recognized in the Covenant, without distinction of
any kind, such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status”(emphasis added)., and article 26 thereof, which
guarantees to all individuals equal and effective protection against discrimination on
grounds identified in article 2. This applies inter alia to minors, indigenous peoples, persons
with disabilities, persons belonging to minority groups or other groups at risk, including
those victims of discrimination because of their sexual orientation and gender identity (see
Council resolution 17/19), non-nationals including stateless persons, refugees1 or migrants,
as well as associations, including unregistered groups. The rights to freedom of peaceful
assembly and of association are key human rights in international human rights law, which
are enshrined in article 20 of the Universal Declaration of Human Rights.
14.
The right to freedom of peaceful assembly is guaranteed in article 21 of the
Covenant on Civil and Political Rights and the right to freedom of association in article 22.
They are also reflected in article 8 of the International Covenant on Economic, Social and
Cultural Rights and in other specific international 2 and regional human rights treaties or
1
2
Article 15 of the Convention relating to the Status of Refugees
Article 7 (c) of the Convention on the Elimination of All Forms of Discrimination against Women;
International Labour Organization (ILO) Convention No. 87 (1948) concerning Freedom of
Association and Protection of the Right to Organise.
5
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