3. To vote, to nominate candidates and to run as candidates for election, in order to
have representatives elected through universal suffrage in accordance with the law.
4. To hold public office and positions, in accordance with the principle of equal
opportunities.
5. To conduct private meetings without the presence of police members, and to conduct
public meetings, gatherings and processions, within the limits of the law.
1. Hand in hand with freedom of expression is the right to associate, i.e. to form
political parties, and protest, or the right to peaceful assembly.909 The right
applies to everyone, even in the context of elections,910 those expressing
minority views, those defending human rights, trade unions and expressions
through of a variety of forms including online media.911
2. The Special Rapporteur on the rights to freedom of peaceful assembly and
association has recognised that States should ensure they take into account
that certain provisions on freedom of assembly may disproportionately impact
negatively on certain groups.912 So a child has a right to freedom of association
and assembly,913 while recognising there may be concerns of safety which will
need to be taken into account.914 The CEDAW Committee requires States to
take measures to ensure the equal participation of women in the political and
public life of the country.915 The rights will also apply to migrants and noncitizens and the Special Rapporteur has recognised that peaceful assemblies
can be a useful means to allow such groups to be heard.916 The CRPD
Committee has noted that recognition of equal legal capacity for persons with
disabilities is linked to the right to freedom of association and participation in
public and political life, among other rights.917
3. Laws which contain explicitly discriminatory provisions will violate this right,918
as will general legislation or law that has a disproportionately negative impact
on some groups.919 For example, laws on ‘public morality’ which result in
909
Article 20 UDHR, Articles 21 and 22 ICCPR; Article 24 Arab Charter; Articles 15 and 16 ACHR;
Article 11 ACHPR; Article 11 ECHR. See e.g. Report of Special Rapporteur on the rights to freedom of
peaceful assembly and association, Maina Kiai, A/HRC/26/29, 14 April 2014. See also Human Rights
Council, Resolutions 15/21, 21/16, 24/5. See also Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms, GA Res.53/144, 9 December 1998.
910
Report of Special Rapporteur on the promotion and protection of the right of freedom of opinion and
expression, Frank La Rue, 2 July 2014, A/HRC/26/30, 2 July 2014.
911
Human Rights Council, Res.24/5, para 2.
912
Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association,
A/HRC/26/29, paras 29-35.
913
UN CRC, Article 15.
914
A/HRC/26/29, 14 April 2014, para 24.
915
Article 7 CEDAW.
916
A/HRC/26/29, para 25.
917
CRPD General Comment No.1 on Article 12, CPRD/G/GC/1, 19 May 2014.
918
Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association,
A/HRC/26/29, 14 April 2014, paras 22-28.
919
Ibid, para 29.
146
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