A/HRC/26/29 Children and Adolescents Code denied adolescents the right to form or join political associations, yet they may form community development associations in which they may actively participate (CRC/C/CRI/CO/4, para. 37). In Turkey, children over the age of 15 may form associations and from the age of 12 may join those associations, but they must be 19 in order to form an organizational committee for outdoor meetings (CRC/C/TUR/CO/2-3, para. 38). The justification for explicitly excluding those groups from forming associations that engage in certain activities is unclear. 50. In an example of good practice, the Supreme Court of Estonia found the provisions of the Non-Profit Associations Act that restricted the right to form and lead associations to persons over the age of 18 years old to be in contravention of article 15 of the Convention on the Rights of the Child. 51. The Special Rapporteur is concerned at the increasing incidents of racism and incitement to racism in various regions of the world. He further notes the absence, in several States, of laws prohibiting and criminalizing the formation of associations that promote racism and discrimination as required by article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. This constitutes a serious omission in the protection of the right to freedom of association. The Special Rapporteur emphasizes that this provision is a key protection against organizations that target groups most at risk of discrimination, such as minorities, indigenous peoples and non-citizens. While noting that the involuntary dissolution of associations should be a measure of last resort, he agrees with the European Court of Human Rights that the dissolution of an association that engages in racist activities constitutes a justifiable limitation of the freedom of association.21 Moreover, the Special Rapporteur endorses the view that the criminalization of the dissemination of racism, xenophobia or ethnic intolerance, and the dissolution of every group, organization, association or party that promotes them, are peremptory norms from which no derogation is allowed.22 2. Legal provisions on freedom of association that are stated generally but have a disproportionately negative impact on certain groups 52. Legislation requiring associations to adhere to a State ideology, principles or religion can be used to exclude individuals and groups that do not subscribe to that ideology, principles or religion. In Indonesia for example, the Law on Mass Organizations requires that the objectives of associations do not contradict State principles (Pancasila), thus excluding groups, including minorities, that may not agree with those principles.23 53. Registration requirements for associations may have a disproportionate effect on certain groups most at risk, making it harder for them to form associations. For example, minority groups may face difficulties in forming associations that aim to protect and preserve their culture in a State that seeks to suppress ethnic minority identity or interprets minority consciousness as a means for minority groups to undermine territorial integrity. The Special Rapporteur echoes the jurisprudence of the European Court on Human Rights 21 22 23 Office of the United Nations High Commissioner for Human Rights (OHCHR), “Hungarian extremeright: UN experts welcome European Court of Human Rights’ decision”, press release of 26 July 2013. Available from: www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13584&LangID=E. European Court of Human Rights, Vona v. Hungary, application No. 35943/10, judgement of 9 July 2013, para. 71 and concurring opinion of Judge Pinto de Albuquerque. OHCHR “Indonesia: ‘Restrictive bill threatens freedoms of association, expression and religion’, warn UN rights experts”, press release of 14 February 2013. Available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12989&LangID=E. 15