A/HRC/31/66
are easily accessible, concise and available in a variety of languages. Where Internet
penetration is high, authorities should consider using online lodgement systems;
(d)
Any notice period must be as short as possible, while still allowing the
authorities sufficient time to prepare for the assembly — a maximum of several days,
ideally within 48 hours;
(e)
Notification should be deemed to have been completed when a notice
providing sufficient information for the authority to reasonably determine the date,
time and location of the assembly and, when relevant, contact details of the organizer,
has been received. A response from the authority is not required to complete
notification or for the assembly to proceed;
(f)
Where notification is submitted for two or more assemblies for the same
place and time, the authorities should conduct a thorough assessment of any risks and
develop strategies for their mitigation. Where it becomes necessary to impose
restrictions on one or more simultaneous assemblies, those restrictions should be
determined through mutual agreement or, where this is not possible, through a
process that does not discriminate between the proposed assemblies.
C.
Any restrictions imposed on peaceful assemblies shall comply
with international human rights standards
29.
Freedom of peaceful assembly is a fundamental right, and should be enjoyed without
restriction to the greatest extent possible. Only those restrictions which are necessary in a
democratic society in the interests of national security or public safety, public order, the
protection of public health or morals, or the protection of the rights and freedoms of others,
and are lawful, necessary, and proportionate to the aim pursued, may be applied. Any
restrictions are to be the exception rather than the norm, and must not impair the essence of
the right.18
30.
To satisfy the requirement of lawfulness, any restrictions imposed must have a
legitimate and formal basis in law (the legality principle), as must the mandate and powers
of the restricting authority. 19 The law itself must be sufficiently precise to enable an
individual to assess whether or not his or her conduct would be in breach of the law, and
also foresee the likely consequences of any such breach. 20 To conform to the principle of
proportionality, any restriction must be appropriate to achieve its protective function. To
meet the necessity requirement it must also be the least intrusive instrument among those
which might achieve the desired result.21 It must be narrowly tailored to the specific aims
and concerns of the authorities, and take into account an analysis of the full range of rights
involved in the proposed assembly. In determining the least intrusive instrument to achieve
the desired result, authorities should consider a range of measures, with prohibition a last
resort. To this end, blanket bans, including bans on the exercise of the right entirely or on
any exercise of the right in specific places or at particular times, are intrinsically
disproportionate, because they preclude consideration of the specific circumstances of each
proposed assembly (see A/HRC/23/39, para. 63).
18
19
20
21
8
See Human Rights Committee, general comment No. 27 (1999) on freedom of movement, para. 13.
See OSCE/ODIHR, Guidelines, para. 35, and European Court of Human Rights, Hyde Park and
others v. Moldova, application No. 33482/06, 31 March 2009.
See European Court of Human Rights, Hashman and Harrup v. the United Kingdom, application No.
25594/94, 25 November 1999, para. 31, and Gillan and Quinton v. the United Kingdom, application
No. 4158/05, 12 January 2010, para. 76.
See Human Rights Committee, general comment No. 27, para. 14.
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