A/HRC/32/36/Add.2 Rapporteur notes that in accordance with the ILO Declaration on Fundamental Principles and Rights at Work (1998), despite not having ratified the above conventions, the Republic of Korea still has an obligation to respect, promote and realize in good faith the fundamental rights contained in those instruments. 13. The Special Rapporteur was gratified to hear from the Supreme Court that the judiciary takes a keen interest in the recommendations of international human rights bodies, regularly updating the court intranet in order to keep abreast of developments. He recalls the repeated references by authorities to decisions of the Constitutional and Supreme Court which articulate norms related to assembly and association. Those norms are cited as the basis for the actions of the authorities. As such, the Special Rapporteur encourages judges to increasingly make such references and align their decisions to international human rights standards, including on the rights to freedom of peaceful assembly and of association in their rulings and judgments, in order to provide appropriate guidance to the authorities. 14. The Special Rapporteur recalls that in principle, freedom to exercise a right is to be considered the rule and its restriction the exception. The primary responsibility of States is to ensure the enjoyment of that right rather than seek avenues for its restriction. Those same standards also form the critical basis for identifying good practices and lessons to be learned from other jurisdictions. In a situation where two or more rights converge, the perspective and approach by authorities should be to facilitate the exercise of all rights as far as possible, rather than privileging one set of rights over the others. IV. Situation of the rights to freedom of peaceful assembly and of association 15. In article 21 of the Constitution the rights to freedom of peaceful assembly and of association are guaranteed. More importantly, the provision explicitly prohibits the licensing of assembly and association (art. 21 (2)). The rights of workers to association, collective bargaining and collective action are similarly protected in article 33 (1), with exceptions made for some public officials, as stipulated by law. 16. Article 37 of the Constitution provides that rights may only be restricted when necessary for national security, the maintenance of law and order, or for public welfare. Further, it states that restrictions may not infringe on any essential aspect of the freedom or right. The Special Rapporteur notes that any restrictions must strictly conform to international law. 17. Government interlocutors emphasized the precarious security situation because of the actions of the Democratic People’s Republic of Korea. Indeed, its nuclear programme has been a source of concern and on several occasions the two countries, technically still at war, have exchanged heated words, interrupted joint activities and even engaged in military action. Successive administrations in the Republic of Korea have taken somewhat different approaches to dealing with their northern neighbour. The Special Rapporteur was informed that the current administration was concerned not just by the nuclear threat it posed, but also by the repression of the human rights of its population, issues which the Republic of Korea is committed to addressing through the United Nations framework. 18. The Special Rapporteur acknowledges that the Republic of Korea faces special challenges in view of the unsettled relationship with its northern neighbour. Nevertheless, even in those circumstances, human rights should not be sacrificed in the name of security concerns. The rights to freedom of peaceful assembly and of association must remain the rule and restrictions the exception (see A/HRC/20/27, para. 16). Limitations to those rights for reasons of national security must conform to the principles of proportionality and necessity in a democratic society and be tailored to achieve the protective function – in this 5