799 Results
Quotes
Quotes based on international documents, law, and treaties- "To allow for the effective regulation of the use of state resources, legislation should clearly define what is considered an abuse."
- "Observers should be given unimpeded access to all levels of election administration at all times, effective access to other public offices with relevance to the election process, and the ability to meet with all political formations, the media, civil society and voters. The law should provide clear and precise provisions establishing the rights of observers to inspect documents, attend meetings and observe election activities at all levels, as well as to obtain copies of decisions, protocols, tabulations, minutes and other electoral documents, at all levels."
- "Domestic legislation of the state must contain data protection provisions for the regulation of the automatic processing of personal data."
- "The law must require that the appropriate election-administration body or court consider, determine and render a prompt decision on a complaint. A principle common to many legal systems is that “justice delayed is justice denied”."
- "The ability to seek, receive and use resources is inherent to the right to freedom of association and essential to the existence and effective operations of any association."
- "States must allow associations to seek, receive and use foreign funding as a part of their obligation under international human rights law to mobilize resources available within the society as a whole and from the international community."
- "States should not resort to tax pressure to discourage associations from receiving funds from abroad. Tax exemption and other privileges for associations should be considered positive examples."
- "The Human Rights Council (...) 6. Calls upon States to ensure that domestic provisions on funding to civil society actors are in compliance with their international human rights obligations and commitments and are not misused to hinder the work or endanger the safety of civil society actors, and underlines the importance of the ability to solicit, receive and utilize resources for their work."
- "States can create and maintain an enabling environment for civic activity by investing in the development of civil society, taking measures to build participation capacities, especially for marginalized voices, and facilitating access to diverse funding sources and technology."
- "In the context of a supportive legal framework and access to justice, Member States should: (...) (b) Review and repeal or amend all legal provisions that impede the free and independent work of civil society actors; ensure that all legislation affecting their ability to work complies with relevant international human rights laws and standards and with the Declaration on Human Rights Defenders."
- "In the context of the provision of long-term support and resources for civil society organizations, Member States should: (a) Recognizing that undue restrictions to funding is a violation of the right to freedom of association, ensure that civil society actors can seek, receive and use funding and other resources, whether domestic or foreign, without prior authorization or other undue impediments; where no restrictions on the receipt of foreign funds apply to State institutions or businesses, the same should apply to civil society organizations."
- "Member States should: (…) c. remove any unnecessary, unlawful or arbitrary restrictions to civil society space, in particular with regards to freedom of association, peaceful assembly and expression."
- "Member States should take effective measures to promote civil society space, in particular to: a. ensure access to resources to support the stable funding of human rights defenders, including NHRIs and civil society organisations, and increase efforts to promote their activities."
- "The European Parliament, (…) 3. Is deeply concerned that the closing down of civil society space in developing countries is being carried out in increasingly complex and sophisticated ways, which are harder to tackle and imposed through legislation, taxation, funding limitations, increased bureaucracy, reporting and banking requirements, the criminalisation and stigmatisation of CSO representatives, defamation, all forms of harassment, online repression and internet access limitations, censorship, arbitrary detention, gender-based violence, torture and assassination, in particular in conflict-stricken states; insists on the necessity of tackling governmental and non-governmental tactics of marginalising critical voices."
- "The European Parliament, (…) 6. Insists that states have the primary responsibility and are under the obligation to protect all human rights and fundamental freedoms of all persons, and have a duty to provide a political, legal and administrative environment conducive to a free and functioning civil society, in which free and safe operation and access to funding is ensured, including through foreign sources."
- "The Assembly calls on all member States to: (...) 10.3 refrain from adopting new laws which would result in unnecessary and disproportionate restrictions or financial burdens on NGO activities; 10.4 ensure that NGOs can seek, receive and use transparent funding and other resources, whether domestic or foreign, without discrimination or undue impediments."
- "Temporary special measures must be discontinued when their desired results have been achieved and sustained for a period of time."
- "The term “measures” encompasses a wide variety of legislative, executive, administrative and other regulatory instruments, policies and practices, such as outreach or support programmes; allocation and/or reallocation of resources; preferential treatment; targeted recruitment, hiring and promotion; numerical goals connected with time frames; and quota systems. "
- "The use of public resources by the authorities for campaigning purposes must be prohibited. Political parties and their representatives, including those who are elected representatives or hold a public office, are entitled to take actively part in the campaign. Particular duties of reserve may apply to the persons belonging to the public authority responsible for the organisation or supervision of the referendum."
- "Where needed, States must also protect participants against possible abuse by non-state actors, such as interference or violence by other members of the public, counterdemonstrators and private security providers."
- "States must respect and ensure counterdemonstrations as assemblies in their own right, while preventing undue disruption of the assemblies to which they are opposed."
- "States parties must not, for example, block or hinder Internet connectivity in relation to peaceful assemblies. The same applies to geotargeted or technology-specific interference with connectivity or access to content. States should ensure that the activities of Internet service providers and intermediaries do not unduly restrict assemblies or the privacy of assembly participants."
- "Requirements for participants or organizers either to arrange for or to contribute towards the costs of policing or security, medical assistance or cleaning, or other public services associated with peaceful assemblies are generally not compatible with article 21."
- "Having to apply for permission from the authorities undercuts the idea that peaceful assembly is a basic right."
- "Notification systems requiring that those who intend to organize a peaceful assembly must inform the authorities in advance and provide certain salient details are permissible to the extent necessary to assist the authorities in facilitating the smooth conduct of peaceful assemblies and protecting the rights of others. (...) Notification procedures should be transparent, not unduly bureaucratic, their demands on organizers must be proportionate to the potential public impact of the assembly concerned, and they should be free of charge."
- "Where authorization regimes persist in domestic law, they must in practice function as a system of notification, with authorization being granted as a matter of course, in the absence of compelling reasons to do otherwise. Notification regimes, for their part, must not in practice function as authorization systems."
- "Law enforcement officials involved in policing assemblies must respect and ensure the exercise of the fundamental rights of organizers and participants, while also protecting journalists, monitors and observers, medical personnel and other members of the public, as well as public and private property, from harm."
- "Any use of force must comply with the fundamental principles of legality, necessity, proportionality, precaution and non-discrimination applicable to articles 6 and 7 of the Covenant, and those using force must be accountable for each use of force."
- "The mandate holder has called upon States to ensure that everyone can access and use the Internet to exercise these rights, and that online associations and assemblies are facilitated in accordance with international human rights standards. The Human Rights Council has recognized that although an assembly has generally been understood as a physical gathering of people, human rights protections, including for freedom of assembly, may apply to analogous interactions taking place online."
- "Likewise, States should recognize the value of technology to facilitate people’s rights to public participation. The Special Rapporteur welcomes efforts by many governments to establish online platforms through which those interested can submit and collect signatures for petitions on government policies and legislative action."
- "In general, the blocking of entire websites is an extreme, disproportionate measure that severely limits the ability to carry out these activities, and therefore undermines the exercise of freedom of assembly and association."
- "States should promote and facilitate access to digital technologies, and should not put restrictions on their use for the exercise of the rights to freedom of peaceful assembly and of association. Policies and practices should address equal access to the Internet and digital technologies, the affordability, and participation in the digital age for all, so as to bridge the digital divide. "
- "States should create an enabling legal framework for the right to peaceful assembly and association in the digital age, by: (…) (b) Repealing and amending any laws and policies that allow network disruptions and shutdowns, and refraining from adopting such laws and policies; (c) Revising and amending cybercrime, surveillance and antiterrorism laws and bringing them into compliance with international human rights norms and standards governing the right to privacy, the right to freedom of opinion and expression, the right to freedom of peaceful assembly and the right to freedom of association."
- "Refrain from, and cease, measures such as cutting off access to the Internet and telecommunications services. Access to Internet and mobile telephony services should be maintained at all times, including during times of civil unrest. Access to and use of digital technologies during elections for assembly and association purposes should be specially respected, protected and promoted."
- "Public authorities shall act in accordance with the principle of equality. "
- "Public authorities shall act in accordance with the principle of impartiality. "
- "Public authorities shall act in accordance with the principle of proportionality."
- "Unless action needs to be taken urgently, public authorities shall provide private persons with the opportunity through appropriate means to participate in the preparation and implementation of administrative decisions which affect their rights or interests."
- "Principle of transparency 1. Public authorities shall act in accordance with the principle of transparency. 2. They shall ensure that private persons are informed, by appropriate means, of their actions and decisions which may include the publication of official documents. 3. They shall respect the rights of access to official documents according to the rules relating to personal data protection."
- "In general, to be effective, remedies should be capable of discontinuing an ongoing violation, making reparations to individuals whose rights have been violated, bringing to justice perpetrators of the violation and preventing similar infringements in the future."
- "In order for the remedy of a violation to be effective, it must be provided in a timely and appropriate manner. This is particularly important in the electoral context due to the time-sensitive nature of the fast-paced process."
- "Electoral disputes should be subject to prompt review. While there is no set standard for time limits, good electoral practice recommends three to five days, although longer deadlines may be allowed for the highest courts. Likewise, in challenges against election results, it is advisable that the final resolution of all complaints and appeals take place within two months, maximum."
- "The election administration should be legally empowered to take measures that stop any ongoing infringement, restore violated rights, sanction those who violate legislation and prevent similar infringements in the future. Also, the election administration should be required by law to refer any possible criminal matters that come to its attention to the relevant law enforcement body and to forward complaints not under its jurisdiction to the relevant body."
- "Due to the unique nature of election complaints, investigators must make their decisions in a timely fashion and in accordance with the rules, policies, and procedures that govern the electoral process."
- "The principle of prompt investigation is important because election processes and results are time-bound, evidence may be time-sensitive or subject to destruction following an election, and impunity for electoral offenses may linger from one electoral cycle to the next if not dealt with in a timely manner."
- "The principle of effective investigation is directly linked to the fact that individuals must have accessible and effective remedies in place to protect their political rights."
- "Given that there are legally specified periods for each electoral phase, decisions must be both timely and definitive. This implies that conflicts must be resolved before the conclusion of each respective phase of the electoral contest (e.g., any questions arising around the validity of an electoral candidate must be resolved conclusively before the electoral registration period has been completed)."
- "Financial sanctions should be proportionate and therefore severe enough to fulfil their purpose of inhibiting prohibited conduct. If they are merely symbolic, this may be read as an invitation to break the law, as the person committing the infraction may calculate that the benefits of violating a prohibition may be greater than the cost of the sanction. "
- "The main guarantee of an effective EDR system is the availability of a remedy that can correct an irregularity by annulling, revoking, modifying or even just acknowledging it. Other mechanisms can either deter or punish a transgressor through a regime of criminal or administrative liability."
- "Electoral judicial proceedings should be timely, that is, a decision should be reached promptly and expeditiously within the legally established periods or stages of the electoral process. A decision taken outside this time frame may be unfair, and would make it impossible to correct the damage done to some electoral rights."