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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