1726 Results
Quotes
Quotes based on international documents, law, and treaties- "Moreover, while the time, place and manner of assemblies may under some circumstances be the subject of legitimate restrictions under article 21, given the typically expressive nature of assemblies, participants must as far as possible be enabled to conduct assemblies within sight and sound of their target audience."
- "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."
- "Restrictions must not be discriminatory, impair the essence of the right, or be aimed at discouraging participation in assemblies or causing a chilling effect."
- "The prohibition of a specific assembly can be considered only as a measure of last resort. Where the imposition of restrictions on an assembly is deemed necessary, the authorities should first seek to apply the least intrusive measures."
- "Central to the realization of the right is the requirement that any restrictions, in principle, be content neutral, and thus not be related to the message conveyed by the assembly."
- "Peaceful assemblies should not be relegated to remote areas where they cannot effectively capture the attention of those who are being addressed, or the general public."
- "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."
- "No person should be held criminally, civilly or administratively liable for organizing, advocating, or participating in a peaceful protest or for establishing or operating an association for a lawful purpose. Dissent is a legitimate part of the exercise of peaceful assembly and association rights and should be protected, online and offline."
- "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."
- "The Special Rapporteur calls upon States in times of elections: (…) (b) To ensure that the rights to freedom of peaceful assembly and of association are enjoyed by everyone, any registered or unregistered entities, including women, those victims of discrimination because of their sexual orientation and gender identity, youth, persons belonging to minorities, indigenous peoples, non-nationals, including stateless persons, refugees or migrants, and members of religious groups, as well as activists advocating economic, social, and cultural rights."
- "The Special Rapporteur calls upon States in times of elections: (…) (c) To ensure that no one is criminalized for exercising the rights to freedom of peaceful assembly and of association, nor is subject to threats or use of violence, harassment, persecution, intimidation or reprisals."
- "The Special Rapporteur calls upon States in times of elections: (…) (e) To ensure that an enabling framework is provided for political parties to be formed — regardless of their political ideology — and to enjoy the level playing field, in particular in relation to their ability to access funding, and to exercise their rights to freedom of expression, including through peaceful demonstrations and access to the media."
- "The Special Rapporteur calls upon States in times of elections: (…) (f) To increase the threshold for imposing legitimate restrictions on the rights to freedom of peaceful assembly and of association, that is, to ensure that the strict test of necessity and proportionality in a democratic society, coupled with the principle of non-discrimination, is made particularly difficult to meet."
- "Principle of respect for privacy 1. Public authorities shall have respect for privacy, particularly when processing personal data. 2. When public authorities are authorised to process personal data or files, particularly by electronic means, they shall take all necessary measures to guarantee privacy. 3. The rules relating to personal data protection, notably as regards the right to have access to personal data and secure the rectification or removal of any data that is inaccurate or shall not have been recorded, shall apply to personal data processed by public authorities."
- "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."
- "At the same time, cancellation (“de-registration”) of candidacy is an extraordinary measure that effectively deprives eligible candidates of the right to stand in election. As such, it may only be applied for the most serious violations of the law following a fair EDR process."
- "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."
- "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."
- "As many incidents of violence against women in politics occur during electoral processes, electoral stakeholders are encouraged to: (a) Electoral management bodies: monitor and report violence against women in elections, analyse voter and candidate registration procedures to prevent the erection of barriers to women’s participation; ensure that voting arrangements guarantee women’s safety in registration centres and polling stations; integrate information about violence against women in politics and elections and respective mitigation measures into training programmes for electoral administrators; and ensure that early warning systems for election violence and electoral security assessment address gender-based forms of violence."
- "States should recognize online and ICT-facilitated violence against women as a human rights violation and a form of discrimination and gender-based violence against women, and duly apply core international human rights instruments."
- "Internet intermediaries should uphold the principle that human rights are protected online, and voluntary accept and apply all core international human rights and women’s rights instruments with a view to contributing to universal human rights protection and achieving the empowerment of women, and the elimination of discrimination and violence against them in digital space."
- "Intermediaries should ensure data security and privacy, and ensure that the use of data is in compliance with international human rights law and has the fully informed consent of data providers."
- "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."