A/HRC/27/29
Freedoms contains a number of provisions that relate to the rights to participate in public
and political affairs. Article 8 (2) of the Declaration provides that “[t]his includes, inter alia,
the right, individually and in association with others, to submit to governmental bodies and
agencies and organizations concerned with public affairs criticism and proposals for
improving their functioning and to draw attention to any aspect of their work that may
hinder or impede the promotion, protection and realization of human rights and
fundamental freedoms”.
84.
The international human rights mechanisms have drawn attention to the key role
played by human rights defenders and civil society organizations in the promotion and
protection of all human rights, including the rights to political and public participation.52 In
many contexts, however, human rights defenders and civil society organizations have been
subjected to forms of discrimination such as onerous administrative requirements,
criminalization of their activities, stigmatization, harassment and other forms of violent
reprisals, which leave them unable to freely exercise their rights to contribute to public
debate on issues of concern.53
85.
Discrimination, unequal treatment, harassment and restrictions of the rights to public
and political participation are often directed against human rights defenders and civil
society organizations advocating for the rights of marginalized groups.54 Those most at risk
include people and organizations engaged in defending the rights of persons with
disabilities, youth and children, women, lesbian, gay, bisexual, transgender and intersex
people, members of minority groups, indigenous peoples, internally displaced persons, and
non-nationals such as refugees, asylum seekers and migrant workers (A/HRC/26/29, paras.
10–11).
86.
Women human rights defenders are subject to the same types of risks as other
human rights defenders but, as women, they are also targeted for or exposed to genderspecific threats and gender-specific violence. When women human rights defenders engage
to promote women’s political participation, they are seen as challenging traditional notions
of gender roles and, as a result, they can be stigmatized and subjected to discrimination and
violence.
87.
Several of the United Nations human rights mechanisms have examined the rights of
civil society organizations and human rights defenders to participate, without any
discrimination, in the conduct of public and political affairs. Effective participation includes
the right of civil society actors to have their views incorporated within legislative and
policymaking processes and to freely voice criticism or to submit proposals to improve the
functioning of public authorities.55
52
53
54
55
.
18
Human Rights Council, Interactive discussion on protecting civil society space to guarantee human
rights, March 2014.
Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
(see footnote 20 above); and A/HRC/13/22.
Ibid.
See Commentary to the Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms (footnote 20 above); and A/HRC/16/44/Add.2, para. 106.
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