he has emphasized the utmost importance of the ability to hold peaceful assemblies to the work of civil society actors, including human rights defenders, as it
enables them to publicly voice their message and contribute to the realization of
the right(s) they are defending.224
158. The right to freedom of peaceful assembly is enshrined in a number of interna-
tional human rights instruments, including in Article 20 of the UDHR, Article 21
of the ICCPR, Article 11 of the ECHR, Article 15 of the ACHR and Article 7 of the
FCNM. The UN Declaration on Human Rights Defenders also reaffirms this right
and places a special emphasis on its importance for the purpose of promoting and
protecting human rights and fundamental freedoms at the national and international levels (Article 5).
159. Article 21 of the ICCPR stipulates that no restrictions may be placed on the exer-
cise of the right to freedom of peaceful assembly other than those imposed in
conformity with the law, and which are necessary in a democratic society in the
interests of national security, public safety, public order, the protection of public
health or morals or the protection of the rights and freedoms of others.225 All limitations must strictly comply with the principles of legality, necessity and proportionality. Furthermore, they must be compatible with other fundamental human
rights norms, such as the prohibition of discrimination, and must not be applied in
a manner that would impair the essence of the right to freedom of peaceful assembly.226 As reaffirmed by the UN Special Rapporteur on the rights to freedom of
peaceful assembly and of association, states should provide a detailed and timely
written explanation for the imposition of any restriction, and should ensure the
possibility of subjecting that restriction to an independent, impartial and prompt
judicial review.227
160. OSCE commitments provide that “everyone will have the right of peaceful assem-
bly and demonstration. Any restrictions which may be placed on the exercise
of these rights will be prescribed by law and consistent with international standards.”228 Furthermore, the OSCE/ODIHR-Venice Commission Guidelines on
224 Ibid. para. 43.
225 Article 11 of the ECHR states that this provision should not prevent the imposition of lawful restrictions
on the exercise of these rights by members of the armed forces, of the police or of the administration of the
state. However, any such restrictions must also be prescribed by law, be necessary and proportionate and human rights defenders who belong to these groups should therefore also enjoy the right to freedom of assembly
without undue limitation.
226 See UN Human Rights Committee General Comment No. 31, “Nature of the General Legal Obligation Imposed on States Parties to the Covenant”, UN Doc. CCPR/C/21/Rev.1/Add.13, 26 May 2004, para. 6. As regards
restrictions to protect morals, the UN Human Rights Committee has emphasized that the concept of morals derives from many social, philosophical and religious traditions. Therefore, limitations for the purpose of protecting morals must be based on principles not deriving exclusively from a single tradition but must be understood
in the light of the universality of human rights and the principle of non-discrimination. See General Comment
No. 34 on Article 19, UN Doc. CCPR/C/GC/34, 12 September 2011, para. 32. See above section on General Principles - Legality and proportionality of limitations of fundamental rights in connection with human rights work.
227 A/HRC/23/39, 24 April 2013, para. 81(c).
228 Copenhagen 1990, para. 9(2).
78
Guidelines on the Protection of Human Rights Defenders
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