A/HRC/RES/38/11
administrative or judicial review that is prompt, competent, independent and impartial
should be available,
Recalling that States have the primary responsibility for the promotion and
protection of human rights and fundamental freedoms, including in the context of
assemblies such as peaceful protests, and to ensure that national legislation, policies and
practices, as the national framework for the exercise of the rights to freedom of peaceful
assembly, of expression and of association, are in compliance with international human
rights law,
Noting that the proper management of assemblies involves and can have an impact
on respect for human rights before, during and after an assembly, and aims to contribute to
its peaceful conduct and to prevent injuries to and loss of life of protesters, those
monitoring such protests, bystanders and officials exercising law enforcement duties,
Acknowledging that peaceful protests may occur in all societies, including protests
that are spontaneous, simultaneous, unauthorized or restricted,
Acknowledging also that participation in peaceful protests can be an important form
of exercising the rights to freedom of peaceful assembly, of expression, of association and
of participation in the conduct of public affairs,
Recognizing that peaceful protests can make a positive contribution to the
development, strengthening and effectiveness of democratic systems and to democratic
processes, including elections and referendums,
Recognizing also that peaceful protests have historically played a constructive social
and political role in the development of more just and accountable societies, and that such
protests can continue to make a positive contribution to human development,
Acknowledging that peaceful protests can contribute to the full enjoyment of civil,
political, economic, social and cultural rights,
Reaffirming that everyone has the right to life, liberty and security of person,
Reaffirming also that participation in public and peaceful protests should be entirely
voluntary and uncoerced,
Stressing therefore that everyone, including persons espousing minority or
dissenting views or beliefs, must be able to express their grievances or aspirations in a
peaceful manner, including through public protests, without fear of reprisal or of being
intimidated, harassed, injured, sexually assaulted, beaten, arbitrarily arrested and detained,
tortured, killed or subjected to enforced disappearance,
Deeply concerned about extrajudicial, summary or arbitrary executions, and torture
and other cruel, inhuman or degrading treatment or punishment of persons exercising their
rights to freedom of peaceful assembly, of expression and of association in all regions of
the world,
Concerned about the emerging trend of disinformation and of undue restrictions
preventing Internet users from having access to or disseminating information at key
political moments, with an impact on the ability to organize and conduct assemblies,
Noting that the possibility of using communications technology securely and
privately, in accordance with international human rights law, is important for the
organization and conduct of assemblies,
Noting also that, although an assembly has generally been understood as a physical
gathering of people, human rights protections, including for the rights to freedom of
peaceful assembly, of expression and of association, may apply to analogous interactions
taking place online,
Recalling the rights to freedom of peaceful assembly, of expression and of
association, which encompass organizing, participating, observing, monitoring and
recording assemblies,
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