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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