discrimination of individuals on the basis of their sexual orientation, 920 or their ethnicity or race, will violate this right. Peaceful Assembly – the right to protest 4. The right to peaceful assembly guarantees the right to protest. It therefore lies at the heart of a democratic society921 and facilitates other rights.922 For many, peaceful protest is their only mechanism to promote change. Guaranteeing the right to peaceful protest can be a guarantee against more desperate methods being adopted. States should provide ‘a safe and enabling environment for individuals and groups to exercise their rights to freedom of peaceful assembly, of expression and of association’.923 This requires providing protesters with public space, and protection against threat and harassment.924 The right applies both online and offline.925 5. Particular attention should be paid to women, children, and journalists in the context of protests.926 6. There is a positive obligation on the state to facilitate peaceful protest. 927 Restrictions on the right to protest 7. The ability to restrict the right should be the exception not the rule.928 A blanket ban on demonstrations on grounds of national security, for example, will violate this right.929 8. If restrictions are imposed, they must be those which are strictly prescribed by law, necessary in a democratic society, proportionate and for one of the grounds protected in the treaty, and non-discriminatory.930 For example, the Special Rapporteur on the rights to freedom of assembly and association has raised concerns that attempts to prevent individuals from covering their faces during demonstrations on the basis that if the protest resulted in violence any perpetrators would be unable to be punished, are unnecessary and may disproportionately target specific groups including women who, for example, wear the niqab.931 920 Ibid, para 30. Concluding observations Russia, CRC/C/RUS/CO/4-5, para 25. See Special Rapporteur on extra judicial executions, A/HRC/17/28. 922 Ibid, para 31. 923 See Resolution, Human Rights Council, Promotion and protection of human rights in the context of peaceful protests, A/HRC/RES/25/38, 11 April 2014, para 3. See also Seminar on Effective Measures and best practices to ensure the promotion and protection of human rights in the context of peaceful protests, A/HRC/52/32, 29 January 2014. 924 Resolution, Human Rights Council, Promotion and protection of human rights in the context of peaceful protests, A/HRC/RES/25/38, 11 April 2014, para 4. 925 Human Rights Council Res.24/5; A/HRC/26/29, para 63. 926 Resolution, Human Rights Council, Promotion and protection of human rights in the context of peaceful protests, A/HRC/RES/25/38, 11 April 2014, paras 6-8. 927 European Court, Plattform Artze fur das Leben v Austria, 21 June 1988. 928 A/HRC/23/39, para 18 929 Human Rights Committee, Re Lebanon, UN Doc.A/52/40, Vol.I, p.56. 930 Human Rights Committee, General Comment No.31, CCPR/C/21/Rev.1/Add/13 (2004), para 6 931 A/HRC/26/29, para 33. 921 147

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