A/HRC/27/29
public affairs, hold peaceful assemblies and meetings, criticize and oppose government
actions, publish political material, campaign for election and advertise political ideas.21
27.
Freedom of expression also includes the right to seek and receive State-held
information, which should be provided without the need to prove a direct interest or
personal involvement.22 The right to freedom of expression has been read as entailing
positive obligations for States to publish and widely disseminate documents and
information of significant public interest such as the content of policies and decisions
affecting the public, or operational information concerning the functioning of public bodies
(see E/CN.4/2000/63, para. 44). There are also positive obligations to guarantee easy,
prompt, effective and practical access to government information.23
28.
The existence of independent and diverse media sources, able to comment on and
inform public opinion on political issues without censorship or restraint, has been
recognized by international human rights mechanisms as an essential underlying guarantee
that supports the right to political participation.24 The public also has a right to receive
media output free from any interference.25
29.
The right to education is recognized in virtually all international and regional human
rights instruments. The role of the right to education in ensuring access to other human
rights, including rights to participate in political and public affairs, has been repeatedly
emphasized. Article 13 (1) of the International Covenant on Economic, Social and Cultural
Rights provides that one of the objectives of education is to “enable all persons to
participate effectively in a free society”. The Committee on Economic, Social and Cultural
Rights notes in its General Comment No. 13 (1999) that the realization of the right to
education is essential for the promotion of human rights and democracy in that it enables all
people to fully participate in their communities.
30.
The mutually reinforcing nature of the human rights closely linked to political and
public participation rights means that any measures directed towards guaranteeing equality
in relation to electoral and other public participation rights must also be accompanied by
strategies to ensure the full implementation of these supporting human rights.26
III. Restrictions on political participation rights
31.
The Human Rights Committee has noted on several occasions that the right to vote
and to stand for election within the meaning of article 25 of the International Covenant on
Civil and Political Rights “is not an absolute right and that restrictions may be imposed on
it provided they are not discriminatory or unreasonable”.27 With regard to other political
rights, such as the freedoms of assembly and association, opinion and expression, any
restrictions must be prescribed by law, necessary and proportionate in the circumstances. It
has been emphasized by several international human rights mechanisms that restrictions
should remain the exception rather the rule, and that these limitations should never impair
the essence of the right at issue (A/HRC/20/27 and A/66/290).
21
22
23
24
25
26
27
8
Human Rights Committee, General Comment No. 25, para. 26, and General Comment No. 34; and
A/66/290.
See Human Rights Committee, Communication No. 1470/2006, paras 7.4–7.6.
Human Rights Committee, General Comment No. 34, para. 19.
Human Rights Committee, General Comment No. 25, para. 25.
Human Rights Committee, General comment No. 34, para. 13.
Human Rights Committee, General Comment No. 25, paras. 12, 26 and 27.
Human Rights Committee, Communication No. 932/2000. See also Communications No. 2155/2012,
No. 1744/2007, No. 500/1992, No. 44/1979; and General Comment No. 25, paras. 4, 10, 11 and 14.
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