A/HRC/23/39 representatives or through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association”. 20 45. As repeatedly stressed by the Human Rights Council, “peaceful protests should not be viewed as a threat, and therefore encourage[s] all States to engage in an open, inclusive and meaningful dialogue when dealing with peaceful protests and their causes”. 21 B. Procedural and practical measures for holding peaceful assemblies 46. Article 21 of the International Covenant on Civil and Political Rights recognizes the right to freedom of peaceful assembly to be enjoyed by everyone, as provided for by article 2 of the Covenant and resolutions 15/21 and 21/16 of the Human Rights Council. Article 15 of the Convention of the Rights of the Child recognizes this right for persons below 18 years of age. Unregistered associations should equally be able to enjoy this right. 47. The Special Rapporteur recalls that the exercise of the right to freedom of peaceful assembly can be subject to certain restrictions only, “which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.” 22 In this connection, he stresses once again that freedom is to be considered the rule and its restriction the exception. 48. He further reminds that whenever authorities decide to restrict an assembly, they should provide assembly organizers, in writing, with “timely and fulsome reasons” which should satisfy the strict test of necessity and proportionality of the restrictions(s) imposed on the assembly pursuant to legitimate aims. 23 1. Presumption in favour of holding peaceful assemblies 49. The Special Rapporteur has already stressed in his first thematic report to the Human Rights Council (A/HRC/20/27), that States have a positive obligation under international human rights law not only to actively protect peaceful assemblies, but also to facilitate the exercise of the right to freedom of peaceful assembly (para. 27). The law only protects assemblies that are not violent and where participants have peaceful intentions, and that shall be presumed. Acts of sporadic violence or other punishable acts committed by others do not deprive peaceful individuals of their right to freedom of peaceful assembly (para. 25). 50. In this connection, the Special Rapporteur highlights again the existence of “presumption in favour of holding peaceful assemblies,” as was first stressed by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Panel of Experts on Freedom of Peaceful Assembly and the Council of Europe’s European Commission for Democracy through Law (the Venice Commission) 24. This means that an assembly should be presumed lawful and deemed as not constituting a threat to public order. Such presumption should apply to everyone, without any discrimination, and should be “clearly and explicitly established in the law, enshrined either in constitutions or in laws governing 20 21 22 23 24 14 Human Rights Committee, general comment No. 25 (1996) on the right to participate in public affairs, voting rights and the right of equal access to public service (art. 25), para. 8. Human Rights Council resolutions 19/35 (preambular para. 11) and 22/10 (preambular para. 16). Human Rights Council resolution 15/21. A/HRC/20/27, para. 42. See OSCE/ODIHR and the Venice Commission, Guidelines on Freedom of Peaceful Assembly, Second edition (Warsaw/Strasbourg, 2010).