183. No restrictions shall be placed on the exercise of the right to freedom of association
other than those that are prescribed by law, serve a legitimate aim and are necessary in a democratic society. As stipulated in international law, only the following
constitute permissible grounds for limitations of the right to freedom of association: national security interests; the protection of public safety, public health or
morals; the prevention of disorder or crime; and the protection of the rights and
freedoms of others. Any limitations on the exercise of this fundamental right must
strictly comply with international norms and standards and must be in line with
the principles of non-discrimination and proportionality. Furthermore, the Special
Rapporteur on the rights to freedom of assembly and of association has recommended that states provide a detailed and timely written explanation for the imposition of any restriction, and that they ensure the possibility to challenge it before
a competent and independent court.266
184. Article 22 of the ICCPR and Article 11 of the ECHR expressly state that these arti-
cles shall not prevent the imposition of lawful restrictions on members of the
armed forces and of the police in their exercise of the right to freedom of association. While certain restrictions on members of the armed forces, the police or
the administration of the state may be justified where the exercise of this right
would conflict with their public duties and/or jeopardize their political neutrality,
any such restrictions must also be in line with the principles of legality, necessity
and proportionality. This is to safeguard their right to associate freely with others, including for the purpose of defending human rights. As such, human rights
defenders who are members of the armed forces, police or the state administration
also have the right to organize themselves in associations to collectively pursue,
promote and defend their common interests. Where these rights are subject to
limitations, the reasons for such limitations should be regularly reviewed, as recommended by the Council of Europe Committee of Ministers, with a view to lifting
the restrictions if there is no longer a valid justification for them.267
185. OSCE participating States have reaffirmed that the “right of association will be
guaranteed” and have committed to “ensure that individuals are permitted to
exercise the right to association, including the right to form, join and participate
effectively in non-governmental organizations which seek the promotion and
protection of human rights and fundamental freedoms, including trade unions
and human rights monitoring groups”.268 They recognize as NGOs “those which
declare themselves as such”269 and consider them “an integral component of a
strong civil society […having pledged…] to enhance the ability of NGOs to make
266
A/HRC/23/39, 24 April 2013, para. 81.
267 Recommendation CM/Rec(2010)4 of the Committee of Ministers of the Council of Europe and explanatory memorandum on human rights of members of the armed forces, 24 February 2010, paras. 53-57, <http://
www.coe.int/t/dghl/standardsetting/hrpolicy/publications/cmrec_2010_4en.pdf>. See also PACE Recommendation 1572 (2002) on the right to association for members of the professional staff of the armed forces,
3 September 2002, <http://assembly.coe.int/main.asp?Link=/documents/adoptedtext/ta02/erec1572.htm>.
268
Copenhagen 1990, paras. 9.3 and 10.3.
269 Moscow 1991, para. 43.
88
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