A/HRC/27/29
V.
Conclusion and recommendations
88.
The right to participate in political and public affairs is a key human right in
itself as well as a right that enables the full implementation of many other human
rights. It plays an important role in identifying and remedying discrimination in that
it helps to ensure that the views and interests of all members of society are reflected in
legislation, policies and other forms of public decision-making.
89.
The rights to political and public participation are broad in scope and range
from electoral rights to equal access to public service and direct and indirect forms of
participation in the conduct of public affairs at all levels, from the local to the
international. The concept of political and public participation is evolving, and several
international human rights mechanisms have recognized that participatory rights
may now be read as encompassing the rights to be consulted and to be provided with
equal and effective opportunities to be involved in decision-making processes on all
matters of public concern.
90.
Comprehensive legislation to entrench the principle of substantive equality
within the national constitutional framework should be adopted, monitored and
enforced. Discriminatory legislation should be repealed and all forms of
discrimination, including multiple and intersectional discrimination, in public and
private life, should be prohibited with effective access to justice guaranteed for all
people who have suffered from discrimination. Steps should be taken to ratify and
implement international human rights treaties, including those with individual
petition or complaint mechanisms, and to ensure these are given effect within national
laws.
91.
Support should be provided for the creation of independent national human
rights institutions based on the principles relating to the status of national institutions
for the promotion and protection of human rights (Paris Principles). National human
rights institutions should be competent to receive complaints, make legislative and
policy recommendations and conduct monitoring and awareness-raising activities in
relation to all forms of discrimination, including multiple and intersectional
discrimination, in every area of public and private life.
92.
Temporary special measures for underrepresented groups – including women,
indigenous peoples, minorities and persons with disabilities – adapted to the national
context and accompanied by other participatory programmes, should be enacted
through legislation with a view to increasing equal participation in all aspects of
political and public life.
93.
Any restrictions on eligibility for citizenship and the exercise of political rights
should be based on objective, reasonable and non-discriminatory criteria and these
restrictions should only be applied in exceptional circumstances. To this end,
discriminatory laws or regulations in relation to the conditions for acquiring or
exercising rights connected to citizenship should be amended or repealed.
94.
Legislation should be enacted to encourage independent, plural media services
and to ensure that journalists, human rights defenders and civil society organizations
are able to freely pursue their activities. Administrative requirements related to the
registration and financing of civil society organizations, the conduct of peaceful
assemblies and other activities connected to the exercise of political and public
participation rights should be reviewed to ensure that they are not discriminatory and
that they do not unduly limit the enjoyment of rights to participate in public affairs.
19
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