799 Results
Quotes
Quotes based on international documents, law, and treaties- "Reasonable deadlines should be provided for bringing challenges (generally shorter than those for civil litigation and other branches of administrative law). These need to balance the time required by the person alleging harm by a particular electoral act or decision to take stock of its content and scope and to gather the evidence, on the one hand, against the need to obtain a timely resolution, given that electoral processes proceed in stages that cannot be changed or interrupted."
- "Violence against women in politics, as all forms of gender-based violence, constitutes a violation of human rights and is a form of discrimination against women prohibited under international human rights standards, under which States have due diligence obligations to prevent, investigate and punish acts of violence against women, whether they are perpetrated by State or non-State actors. States, therefore, have a duty to eradicate and prevent acts of violence against women in politics."
- "The Special Rapporteur makes the following recommendations to States: (a) Adopt and implement legislation prohibiting and criminalizing violence against women in politics or incorporate adequate provisions into existing laws on eliminating violence against women, consistent with international and regional human rights standards. That includes laws to prohibit sexism, harassment and other forms gender-based violence against women in politics, public life and parliament. Laws must be comprehensive enough to cover new forms of violence, including online or ICT-facilitated violence against women. "
- "The Special Rapporteur makes the following recommendations to States: (...) (c) Strengthen the legislative basis for gender parity in all branches and at all levels of government to guarantee women’s full participation in political and public life in compliance with international and regional human rights standards, applying, when necessary, temporary special measures, such as quotas and other measures, to accelerate progress towards the equal participation of women in political life."
- "The Assembly recognises universal access to the internet as a key internet governance principle and considers that the right to internet access, with no discrimination, is an essential component of any sound policy designed to promote inclusion and support social cohesion, as well as an essential factor of sustainable democratic and socio-economic development."
- "Any request, demand or other action by public authorities addressed to internet intermediaries that interferes with human rights and fundamental freedoms shall be prescribed by law, exercised within the limits conferred by law and constitute a necessary and proportionate measure in a democratic society. States should not exert pressure on internet intermediaries through non-legal means."
- "State authorities should obtain an order by a judicial authority or other independent administrative authority, whose decisions are subject to judicial review, when demanding intermediaries to restrict access to content."
- "Internet intermediaries should respect the rights of users to receive, produce and impart information, opinions and ideas. Any measures taken to restrict access (including blocking or removing content) as a result of a State order or request should be implemented using the least restrictive means."
- "When restricting access to content in line with their own content-restriction policies, intermediaries should do so in a transparent and non-discriminatory manner. Any restriction of content should be carried out using the least restrictive technical means and should be limited in scope and duration to what is strictly necessary to avoid the collateral restriction or removal of legal content."
- "Internet traffic should be treated equally, without discrimination, restriction or interference irrespective of the sender, receiver, content, application, service or device. This is understood as the network neutrality principle for the purpose of this recommendation."
- "Internet service providers should put in place appropriate, clear, open and efficient procedures to respond within reasonable time limits to complaints from Internet users alleging breaches of the principles included in the foregoing provisions. Internet users should have the possibility to refer the matter directly to competent authorities within each member State and be entitled to timely redress."
- "Internet freedom is understood as the exercise and enjoyment on the Internet of human rights and fundamental freedoms and their protection in compliance with the Convention and the International Covenant on Civil and Political Rights."
- "Any national decision or action restricting human rights and fundamental rights on the Internet must comply with international obligations and in particular be based on law. It must be necessary in a democratic society, fully respect the principles of proportionality and guarantee access to remedies and the right to be heard and to appeal with due process safeguards."
- "The State recognises in law and in practice that disconnecting individuals from the Internet, as a general rule, represents a disproportionate restriction of the right to freedom of expression."
- "Any measure taken by State authorities or private-sector actors to block or otherwise restrict access to an entire Internet platform (social media, social networks, blogs or any other website) or information and communication technologies (ICT) tools (instant messaging or other applications), or any request by State authorities to carry out such actions complies with the conditions of Article 10 of the Convention regarding the legality, legitimacy and proportionality of restrictions."
- "Any measure taken by State authorities or private-sector actors to block, filter or remove Internet content, or any request by State authorities to carry out such actions complies with the conditions of Article 10 of the Convention regarding the legality, legitimacy and proportionality of restrictions."
- "Media are not required to obtain permission or a licence from the government or State authorities, beyond business registration, in order to be allowed to operate on the Internet or blog."
- "Any restriction of the right to freedom of expression on the Internet is in compliance with the requirements of Article 10 of the Convention, namely it: - is prescribed by a law, which is accessible, clear, unambiguous and sufficiently precise to enable individuals to regulate their conduct. The law ensures tight control over the scope of the restriction and effective judicial review to prevent any abuse of power. The law indicates with sufficient clarity the scope of discretion conferred on public authorities with regard to the implementation of restrictions and the manner of exercise of this discretion; - pursues a legitimate aim as exhaustively enumerated in Article 10 of the Convention; - is necessary in a democratic society and proportionate to the legitimate aim pursued. There is a pressing social need for the restriction, which is implemented on the basis of a decision by a court or an independent administrative body that is subject to judicial review. The decision should be targeted and specific. Also, it should be based on an assessment of the effectiveness of the restriction and risks of over-blocking. This assessment should determine whether the restriction may lead to disproportionate banning of access to Internet content, or to specific types of content, and whether it is the least restrictive means available to achieve the stated legitimate aim."
- "Individuals are free to use Internet platforms, such as social media and other ICTs in order to organise themselves for purposes of peaceful assembly. "
- "Any restriction on the exercise of the right to freedom of peaceful assembly and right to freedom of association with regard to the Internet is in compliance with Article 11 of the Convention, namely it: - is prescribed by a law, which is accessible, clear, unambiguous and sufficiently precise to enable individuals to regulate their conduct; - pursues a legitimate aim as exhaustively enumerated in Article 11 of the Convention; - is necessary in a democratic society and proportionate to the legitimate aim pursued. There is a pressing social need for the restriction. There is a fair balance between the exercise of the right to freedom of assembly and freedom of association and the interests of the society as a whole. If a less intrusive measure achieves the same goal, it is applied. The restriction is narrowly construed and applied, and does not encroach on the essence of the right to freedom of assembly and association."
- "The Human Rights Council, (…) 14. Condemns all undue restrictions on freedom of opinion and expression online that violate international law, and notes with concern that such restrictions have a significant impact on women and girls and other individuals who may face multiple and intersecting forms of discrimination."
- "The Human Rights Council, (…) 17. Urges States to adopt, implement and, where necessary, reform laws, regulations, policies and other measures concerning personal data and privacy protection online in order to prevent, mitigate and remedy the arbitrary or unlawful collection, retention, processing, use or disclosure of personal data on the Internet that could violate human rights."
- "Political campaigning undertaken by political parties, candidates and other individuals online entails responsibilities not only for governments but also for platforms and intermediaries, which should develop codes of conduct that make explicit their respect for such fundamental rights and put in place strategies for their effective enforcement in line with the respective national rules on political campaigning."
- "Governments, electoral management bodies and relevant oversight agencies must act swiftly to bring legal definitions of political advertising up to date, thereby grounding in law essential responsibilities on content, financing and placement of online political ads that correspond to online platforms, political activists, sponsors and other intermediaries."
- "Online platforms must conduct identity verification protocols to ensure that only legally authorised advertisers place ads and should be responsible for removing inauthentic online communications. Regulations should ban inauthentic production and dissemination of online political advertisement, such as machine-generated ads and targeting."
- "The Assembly calls on social media companies to: 11.1. define in clear and unambiguous terms the standards regarding admissible or inadmissible content, which must comply with Article 10 of the European Convention on Human Rights and should be accompanied, if need be, by explanations and (fictional) examples of content banned from dissemination."
- "States should refrain from network shutdowns, which are a categorical violation of international human rights law. They must also ensure that any restriction on blogs, websites, online content and communications platforms is provided by law, and a necessary and proportionate means to protect a legitimate objective."
- "States should promote effective access to the Internet and other digital technologies for all parts of population, including by closing digital gaps based on gender, race, ethnicity, disability, socio-economic status and other bases, and putting in place clear requirements and policies to ensure respect for the principle of net neutrality."
- "There should be no prior censorship of the media, including through means such as the administrative blocking of media websites or Internet shutdowns."
- "Any rules on election spending which are designed to create a level electoral playing field should be applicable to legacy and digital media, taking into account their differences, including rules about transparency of political advertising."
- "States should refrain from adopting unnecessary and/or disproportionate laws criminalising or imposing harsher penalties on online expression than its offline equivalent."
- "The Committee reaffirms that a person’s status as a person with a disability or the existence of an impairment (including a physical or sensory impairment) must never be grounds for denying legal capacity or any of the rights provided for in article 12. All practices that in purpose or effect violate article 12 must be abolished in order to ensure that full legal capacity is restored to persons with disabilities on an equal basis with others."
- "States parties must refrain from denying persons with disabilities their legal capacity and must, rather, provide persons with disabilities access to the support necessary to enable them to make decisions that have legal effect."
- "In its concluding observations on States parties’ initial reports, in relation to article 12, the Committee on the Rights of Persons with Disabilities has repeatedly stated that States parties must “review the laws allowing for guardianship and trusteeship, and take action to develop laws and policies to replace regimes of substitute decision-making by supported decision-making, which respects the person’s autonomy, will and preferences”."
- "In order to fully realize the equal recognition of legal capacity in all aspects of life, it is important to recognize the legal capacity of persons with disabilities in public and political life (art. 29). This means that a person’s decision-making ability cannot be a justification for any exclusion of persons with disabilities from exercising their political rights, including the right to vote, the right to stand for election and the right to serve as a member of a jury."
- "The Committee further recommends that States parties guarantee the right of persons with disabilities to stand for election, to hold office effectively and to perform all public functions at all levels of government, with reasonable accommodation and support, where desired, in the exercise of their legal capacity."
- "Internet-based technologies play an increasing role in the exercise of the right to freedom of peaceful assembly. The Internet can be used for forms of online activism related to assemblies, and such activities warrant protection. The Internet and social media may also legitimately serve as a means of facilitating assemblies."
- "States have a positive duty to facilitate and protect the exercise of the right to freedom of peaceful assembly. This duty should be reflected in the legislative framework and relevant law enforcement regulations and practices. It includes a duty to facilitate assemblies at the organizer’s preferred location and within ‘sight and sound’ of the intended audience. The duty to protect also involves the protection of assembly organizers and participants from third party individuals or groups who seek to undermine their right to freedom of peaceful assembly."
- "A notification regime should never be turned into a de facto authorization procedure. The procedure for providing advance notification to public authorities should not be onerous or overly bureaucratic."
- "Law enforcement agencies should adopt a human rights-based approach to all aspects of the planning, preparation and policing of assemblies. This means they take into consideration their duty to facilitate and protect the right to freedom of peaceful assembly."
- "Force should only be applied to the minimum extent necessary, following to the principles of restraint, proportionality, minimization of damage and the preservation of life."
- "Legislation and state policies should therefore ensure that the Internet can be used to prepare and organize assemblies and especially to use social media as a medium to mobilize and organize assemblies that later take place offline."
- "Access to the Internet and social media should not be blocked before or during assemblies. Since the planning and organization of an assembly is likewise covered by the right to freedom of peaceful assembly, websites and other electronic tools used to advertise and inform about an assembly shall not be restricted or blocked; any attempts to do so would usually constitute a violation of this right."
- "Given the state’s duty to facilitate assemblies, and its general public order mandate, the authorities may not levy charges on assembly organizers for providing relevant services, including adequate and appropriate policing, medical services or health and safety provisions, such as street cleaning."
- "Those seeking to exercise the right to freedom of peaceful assembly should have recourse to a prompt and effective remedy against decisions disproportionately, arbitrarily or illegally restricting or prohibiting assemblies."
- "Force must not be used unless strictly unavoidable, and where employed must be limited in accordance with the requirements imposed by international human rights law, including international norms and standards on the use of force."
- "Crisis situations, including public health emergencies, must not be used as a pretext for rights infringements and the imposition of undue restrictions on public freedoms. In particular, blanket bans of assemblies are likely to constitute an unnecessary and disproportionate infringement of the right, even in emergency situations."
- "States have a positive obligation to promote the right to freedom of peaceful assembly. This requires States not merely to refrain from interfering with assemblies, but also to take positive steps to enable individuals to express their views, including through protecting assemblies from attacks by third parties and by otherwise facilitating the ability for the right to freedom of assembly to be exercised."
- "To the extent the law suggests that assembly organizers provide the authorities prior notification, the purpose of that notification should be to enable the State to put in place necessary arrangements to facilitate the exercise of the right to freedom of peaceful assembly and to protect participants, public order, public safety and the rights and freedoms of others."
- "States must refrain from using information and communication technology to intimidate, harass or otherwise deter individuals from exercising their right to freedom of peaceful assembly, including through the spreading of disinformation, targeted harassment, mass surveillance, and the generalized use of facial recognition technology."