A/HRC/26/29
deprived of their autonomy to exercise their voting rights and to choose who to marry, where
to live and how to relate to others in the community because of perceived or actual
deficiencies in mental capacity and decision-making ability. Persons suffering from cognitive
or psychosocial disabilities, and often children and young persons with these disabilities, are
most at risk of being deprived of their legal capacity and equal treatment under the law. The
Special Rapporteur urges States to take measures to ensure that no one is at any time deprived
of their legal capacity due to their disability. Instead, support should be provided to enhance
their capacity to exercise the rights and duties that they hold as human beings.
IV. Conclusions and recommendations
71.
The Special Rapporteur emphasizes that the rights to freedom of peaceful
assembly and of association are due to everyone without distinction, within the
territories of States and subject to their jurisdiction, and may not be limited on any of
the prohibited grounds that the Human Rights Committee has indicated are covered
by article 2 of the International Covenant on Civil and Political Rights. Freedom from
discrimination is also due to those who advocate and lobby on behalf of groups most
at risk.
72.
The rights to freedom of peaceful assembly and of association play a key role in
empowering individuals belonging to groups most at risk to claim other rights and
overcome the challenges associated with marginalization. Such rights must therefore
not only be protected, but also facilitated. It is the responsibility of all stakeholders to
ensure that the voices of individuals belonging to groups most at risk are heard, and
taken into account, in compliance with the principles of pluralism of views, tolerance,
broadmindedness and equity.
73.
In that regard, the Special Rapporteur calls upon States to:
(a)
Ratify all relevant international human rights instruments that protect
the rights of individuals belonging to groups most at risk;
(b)
Take all necessary measures to ensure that discrimination on prohibited
grounds is eliminated, including in legislation or in practice, whether perpetrated by
the State or by non-State actors;
(c)
Take positive measures, including affirmative action measures, to ensure
that all individuals belonging to groups most at risk have the ability to exercise
effectively their rights, including to freedom of peaceful assembly and of association;
(d)
Refrain from supporting limitations imposed by private parties on the
rights to freedom of peaceful assembly and of association, particularly those that
disproportionately affect groups most at risk. A private contractual provision in
which a contracting party waives the rights to freedom of peaceful assembly and of
association should be considered invalid and unenforceable as an infringement upon a
fundamental right.
74.
In relation to recommendations pertaining to the exercise of the rights to
freedom of peaceful assembly and of association, the Special Rapporteur reiterates all
the recommendations contained in his previous thematic reports.27 They are all the
more relevant for individuals belonging to groups most at risk whose rights are more
likely to be violated or unduly restricted. In particular, he calls upon States to:
27
20
A/HRC/20/27 (paras. 84–100), A/HRC/23/39 (paras. 81–83) and A/68/299 (paras. 58–64).
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