A/HRC/31/66
encompasses facilitation and enablement, and is interpreted in this broad manner
throughout the following recommendations.
A.
States shall respect and ensure all rights of persons participating
in assemblies
14.
International law requires that States respect and ensure the rights of all individuals.
The obligation to respect rights means that States must refrain from restricting the exercise
of the rights where it is not expressly allowed under international law. The obligation to
ensure is a positive duty that requires States both to fulfil and to protect rights. 6 The
protection of rights requires that positive measures be taken to prevent actions by non-State
actors that could interfere with their exercise. The fulfilment of rights requires States to
create, facilitate or provide the necessary conditions for the enjoyment of rights.
15.
States must respect and ensure rights without discrimination on the basis of any
prohibited ground, including race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth, or other status. Freedom to organize and
participate in public assemblies must be guaranteed to individuals, groups, unregistered
associations, legal entities and corporate bodies.7
16.
Particular effort should be made to ensure equal and effective protection of the rights
of groups or individuals who have historically experienced discrimination. This includes
women, children and young people, persons with disabilities, non-nationals (including
asylum seekers and refugees), members of ethnic and religious minorities, displaced
persons, persons with albinism, indigenous peoples and individuals who have been
discriminated against on the basis of their sexual orientation or gender identity
(A/HRC/26/29). This duty may require that authorities take additional measures to protect
and facilitate the exercise of the right to freedom of assembly by such groups.
17.
Practical recommendations:
(a)
States should ratify relevant international treaties and should establish
in law a positive presumption in favour of peaceful assembly. They should provide
legal protection for the different rights that protect those engaged in assemblies and
enact and continuously update the laws, policies and processes necessary to implement
these rights. No assembly should be treated as an unprotected assembly;
(b)
States should ensure that all laws relating to the management of
assemblies are drafted unambiguously and are consistent with each other and with
international standards. Where ambiguity exists, the relevant provision(s) should be
interpreted in favour of those wishing to exercise their right to freedom of peaceful
assembly;
(c)
States should develop, enact and update a national action plan to guide
the implementation of the present practical recommendations and the international
standards relevant to the management of assemblies, and should seek technical
assistance from the Office of the United Nations High Commissioner for Human
Rights or other specialized agencies where appropriate;
6
7
European Court of Human Rights, Plattform Ärtze für das Leben v. Austria, application No.
10126/82, 21 June 1988.
See Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security
and Cooperation in Europe (OSCE), Guidelines on Freedom of Peaceful Assembly (2010), para. 2.5.
5
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