217 Results
Quotes
Quotes based on international documents, law, and treaties- "The participating States will recognize as NGOs those which declare themselves as such, according to existing national procedures, and will facilitate the ability of such organizations to conduct their national activities freely on their territories."
- "The principal documents that should be required to be filed in establishing an NGO are the governing documents of the organization, which should adequately state the nature and purpose of the organization, provide for an adequate governance structure, state the powers and limitations of the organization, identify the founders, directors, and officers, state the location of the principal headquarters, and identify a legal representative."
- "The administrative process for the registration of NGOs should be applied with a minimum margin of discretion provided. The government ministry or agency responsible for the registration of NGOs should publish rules and regulations applicable, and forms that explain the process. It should provide assistance to NGOs that are seeking formal legal status, and it should be required to provide a written statement of reasons for any refusal to register an NGO...Decisions not to register an NGO or to terminate one should be appealable, both administratively and to an independent court."
- "It goes without saying that such government-NGO consultations should take place at all stages of the drafting of legislation and administrative decrees that affect and frame NGO status, financing or spheres of influence. NGOs should acquire the expertise to make competent input to all aspects of such discussions, whether political or technical. Appropriate training in relevant fields including managerial skills should be encouraged."
- "Any act or omission by a governmental organ affecting an NGO should be subject to administrative review and be open to challenge in an independent and impartial court with full jurisdiction."
- "National law should not unjustifiably restrict the ability of any person, natural or legal, to join membership-based NGOs. The ability of someone to join a particular NGO should be determined primarily by its statutes, and should not be influenced by any unjustified discrimination."
- "[Restrictions on registering parties]... should not compromise or violate the basic democratic rights for registering parties. If the demands for the registering authority are too stringent, then people’s democratic rights of association and right to stand for office could be jeopardised."
- "Registration as a necessary step for recognition of an association as a political party, for a party’s participation in general elections or for public financing of a party does not per se amount to a violation of rights protected under Articles 11 and 10 of the European Convention on Human Rights. Any requirements in relation to registration, however, must be such as are ‘necessary in a democratic society’ and proportionate to the objective sought to be achieved by the measures in question."
- "[Political parties] are thus a specific kind of association, which in many countries is submitted to registration for participation in elections or for public financing. This requirement of registration has been accepted, considering it as not per se contrary to the freedom of association, provided that conditions for registration are not too burdensome. And requirements for registration are very different from one country to another: they may include, for instance, organisational conditions, requirement for minimum political activity, of standing for elections, of reaching a certain threshold of votes... However, some pre-conditions for registration of political parties existing in several Council of Europe Member States requiring a certain territorial representation and a minimal number of members for their registration could be problematic in the light of the principle of free association in political parties."
- "Countries applying registration procedures to political parties should refrain from imposing excessive requirements for territorial representation of political parties as well as for minimum membership. Matters of internal organisation of political parties, in principle, should not be subject to control by public authorities."
- "The prohibition or dissolution of political parties as a particularly far-reaching measure should be used with utmost restraint. Before asking the competent judicial body to prohibit or dissolve a party, governments or other state organs should assess, having regard to the situation of the country concerned, whether the party really represents a danger to the free and democratic political order or to the rights of individuals and whether other, less radical measures could prevent the said danger."
- "Fundamental freedoms are essential to the democratic character of the campaign period, and all political participants should enjoy the freedom of association and should be able to freely express their campaign messages and assemble with their constituents free from intimidation or hindrance. Citizens should have the right to express their political convictions freely."
- "Respect for fundamental rights a. Democratic elections are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of circulation inside the country, freedom of assembly and freedom of association for political purposes, including the creation of political parties. "
- "The States party to the Convention commit themselves to: g) facilitate formation of political parties and their free legal activity, to regulate in terms of legislation financing of political parties and the election process, to assure that the law and governmental policy provide for separation between the party and state, for conducting election campaigns in the atmosphere of freedom and fairness that allow parties and candidates to exercise a free expression of their views and assessments, election programmes (platforms), and allow voters to get acquainted with them, to discuss them and to vote for or against them freely, nor being afraid of penalty or any prosecution whatsoever."
- "State Parties shall implement this Charter in accordance with the following principles: 11. Strengthening political pluralism and recognising the role, rights and responsibilities of legally constituted political parties, including opposition political parties, which should be given a status under national law."
- "The right to freedom of association, including the right to form and join organizations and associations concerned with political and public affairs, is an essential adjunct to the rights protected by Article 25 of ICCPR."
- "Respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treatment before the law and by the authorities."
- "Political parties shall be formed and shall have the right to carry out their activities freely, within the limits of the law. Their formation and activities shall not be based on ethnic, religious, regional or racial considerations. They shall participate freely and without hindrance or discrimination in any electoral process. The freedom of the opposition shall be guaranteed."
- "At the beginning of the new century and millennium, we reaffirm our commitment to the promotion of democracy and its core values in our respective countries. In particular, we undertake to work with renewed determination to enforce individual and collective freedoms, including the right to form and join political parties and trade unions, in conformity with the constitution."
- "The legal framework must create the conditions for full engagement of freedom of association by citizens."
- "The legislative framework for elections should provide for the right of all individuals and groups to establish, in full freedom, their own political parties or other political organizations with legal guarantees to enable them to compete with each other on a basis of equitable treatment before the law."
- "In particular, States should: ...Provide for the formation and free functioning of political parties, possibly regulate the funding of political parties and electoral campaigns, ensure the separation of party and State, and establish the conditions for competition in legislative elections on an equitable basis."
- "Any arbitrary or discriminatory application of the law for the purpose of damaging specific political forces, undermines respect for human rights."
- "It [freedom of association] should guarantee not only the right to form political parties but also guarantee the formation of organs of civil society such as non-governmental organizations and cultural organizations that may support or represent national minorities in a society. The concept of freedom of association includes a number of subsidiary rights. They include: The right to form a political party or association; The right to join a political party or association; The right to participate in the lawful activities of a political party or association."
- "In summary, the commitments require states to: respect the right to establish political parties, and ensure that the parties can compete on the basis of equal treatment before the law and by the authorities."
- "All political forces and movements should…be able to nominate candidates on equal terms, and not be limited for reasons of race, gender, language, religion, political or other opinion, ethnic or national origin, or economic status."
- "Member States should not impose unnecessary restrictions on the establishment and activities of political unions and associations on regional and local levels."
- "Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;"
- "Everyone must be free to choose to be a member of a political party or not and to choose which party to join."
- "1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association."
- "1. Every individual shall have the right to free association provided that he abides by the law. 2. Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association."
- "The recognition of political organizations as legal entities, with the right to seek elected office or to influence citizen choices on referenda and other ballot initiatives, is fundamental to democratic elections."
- "Legal recognition to political parties must be granted on a non-discriminatory basis and in a timely manner that allows the effective exercise of the right to be elected and all of the related civil and political rights."
- "Ballot qualification provisions often include submission of a specified number of signatures. The requirements must be realistic given the timeframe for collecting signatures and national conditions."
- "Deadlines for the registering authority to approve or reject political party applications for legal recognition and party and candidate ballot qualification requests should be clearly specified."
- "The grounds for rejection must be clearly stated in the law and based on objective criteria. The law should allow for correcting minor deficiencies concerning applications for the legal recognition of political parties and for ballot nominations within a reasonable amount of time after rejection, provide for appeal to a court of law after final rejection of legal recognition or ballot qualification, and clearly specify an expedited process for appeal to enable legal recognition and access to the ballot if registration or ballot qualification was improperly denied."
- "Prohibition or enforced dissolution of political parties may only be justified in the case of parties which advocate the use of violence or use violence as a political means to overthrow the democratic constitutional order, thereby undermining the rights and freedoms guaranteed by the constitution. The fact alone that a party advocates a peaceful change of the Constitution should not be sufficient for its prohibition or dissolution."
- "Political parties are not, in any Council of Europe Member State, the creation of public organs. The guideline that can be deduced from this practice is that State bodies should abstain from participating in the establishment of political parties and should not limit the right to establish political parties on a national, regional and local level."
- "Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others: …h. The right to freely associate. "
- "The human rights and fundamental freedoms of every person shall be exercised with due regard to the human rights and fundamental freedoms of others. The exercise of human rights and fundamental freedoms shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition for the human rights and fundamental freedoms of others, and to meet the just requirements of national security, public order, public health, public safety, public morality, as well as the general welfare of the peoples in a democratic society. "
- "Older persons should be able to form movements or associations of older persons. "
- " Requirements for the registration of candidates and political parties which are too strict should be abolished. "
- "[Member states should] protect and promote the equal civil and political rights of women and men, including running for office and freedom of association. "
- "Everyone has the right to freedom of peaceful assembly and association, including for the purposes of peaceful demonstrations, regardless of sexual orientation or gender identity. Persons may form and have recognised, without discrimination, associations based on sexual orientation or gender identity, and associations that distribute information to or about, facilitate communication among, or advocate for the rights of, persons of diverse sexual orientations and gender identities. "
- "It is prohibited to impose limitations on the rights and freedoms guaranteed by virtue of this Charter unless where prescribed by law and considered necessary to protect national and economic security, or public order, or public health, or morals, or the rights and freedoms of others."
- "The Committee observes that the right to freedom of association relates not only to the right to form an association, but also guarantees the right of such an association freely to carry out its statutory activities. The protection afforded by article 22 extends to all activities of an association, and the denial of state registration of an association must satisfy the requirements of paragraph 2 of that provision."
- "The Committee observes that, in accordance with article 22, paragraph 2, any restriction on the right to freedom of association must cumulatively meet the following conditions: (a) it must be provided by law; (b) may only be imposed for one of the purposes set out in paragraph 2; and (c) must be „necessary in a democratic society‟ for achieving one of these purposes. The reference to „democratic society‟ in the context of article 22 indicates, in the Committee‟s opinion, that the existence and operation of associations, including those which peacefully promote ideas not necessarily favourably viewed by the government or the majority of the population, is a cornerstone of a democratic society."
- "The Committee considers that even if these and other restrictions were precise and predictable and were indeed prescribed by law, the State party has not advanced any argument as to why such restrictions would be necessary, for purposes of article 22, paragraph 2, to condition the registration of an association on a limitation of a scope of its human rights activities to the undefined issues not covered by state organs or on the existence of regional branches of „Democracy and Rights‟."
- "As to the technical requirements, the Committee notes that the parties disagree over the interpretation of domestic law and the State party‟s failure to advance arguments as to which of the numerous „defects‟ in the association‟s application materials triggers the application of the restrictions spelled out in article 22, paragraph 2, of the Covenant. Even if the application materials of „Democracy and Rights‟ did not fully comply with the requirements of domestic law, the reaction of the State party‟s authorities in denying the registration of the association was disproportionate."
- "The Committee observes that article 19 allows restrictions only as provided by law and necessary (a) for respect of the rights and reputation of others; and (b) for the protection of national security or public order (ordre public), or of public health or morals. It recalls that the right to freedom of expression is of paramount importance in any society, and any restrictions to its exercise must meet a strict test of justification."