Summary
Political parties, candidates, and citizens have the right to organize and participate in public rallies and conduct legitimate campaigning without undue influence.
Obligations
Election Parts
Quotes
- The use of arms to disperse non-violent meetings or demonstrations shall be forbidden. Whenever a demonstration becomes violent, only the use of minimal and/or proportionate force shall be authorized.
- Everyone will have the right of peaceful assembly and demonstration. Any restrictions which may be placed on the exercise of these rights will be prescribed by law and consistent with international standards.
- Tak[e] proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully in effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measure, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life;
- The right [freedom of assembly] extends to the right to protest.
- States shall respect and ensure the human rights of all individuals within their territory and subject to their jurisdiction. In time of elections, the State and its organs should therefore ensure: That freedom of movement, assembly, association and expression are respected, particularly in the context of political rallies and meetings.
- Freedom of peaceful assembly is to be enjoyed equally by everyone…The freedom to organize and participate in public assemblies must be guaranteed to both individuals and corporate bodies; to members of minority and indigenous groups; to both nationals and non-nationals (including stateless persons, refugees, foreign nationals, asylum seekers, migrants, and tourists); to both women and men; and to persons without full legal capacity, including persons with mental illness.
- 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.
- As a fundamental right, freedom of peaceful assembly should, insofar as possible, be enjoyed without regulation.
- State authorities must observe their duty of neutrality. In particular, this concerns: iii. the right to demonstrate.