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The UN Special Rapporteur on the rights to freedom of peaceful assembly and association on Wednesday welcomed new guidance defining the right to peaceful assembly and extending protections to online assembly.
The UN Human Rights Committee (UNHRC) adopted General Comment No. 37 on July 23, defining the right of peaceful assembly and lawful restrictions on protests. The committee stepped in to formulate its legal interpretation as people are participating in Black Lives Matter and other demonstrations during the COVID-19 outbreaks around the world.
The legal advice comes from the 18 experts on the UNHRC who monitor how countries implement the International Covenant on Civil and Political Rights. The panel’s General Comment notes that governments have the right to restrict protests on public health grounds within reason. “The protection of ‘public health’ ground may exceptionally permit restrictions to be imposed, for example, where there is an outbreak of an infectious disease and gatherings are dangerous,” the report said. Christof Heyns, a committee member, added that a government could limit the number of demonstrations in a public square to accommodate social distancing. The General Comment noted that restrictions on the right of peaceful assembly might occur on the grounds of public safety, public order, and the protection of others’ morals and rights.
However, the report stressed the grounds for restrictions should not be used to unduly restrict demonstrations, emphasizing “assemblies are a legitimate use of public and other spaces.” In addition to the general framework for restrictions, the Comment stated any restrictions must be content-neutral, and the rules applicable to freedom of expression should be followed. Further, the document said that states have duties “not to prohibit, restrict, block or disrupt assemblies without compelling justification.”
Notably, the Comment states that protestors have the right to wear protective gear such as masks or hoods to cover their faces while participating in protests and demonstrations. Additionally, governments should not collect personal data to harass or intimidate protest participants. It also stressed the right of journalists and human rights observers to monitor and document any assembly, including violent and unlawful ones.
The post UN rights expert welcomes guidance on right to peaceful assembly extending to digital platforms appeared first on JURIST - News - Legal News & Commentary.
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The UN Human Rights Committee (UNHRC) adopted General Comment No. 37 on July 23, defining the right of peaceful assembly and lawful restrictions on protests. The committee stepped in to formulate its legal interpretation as people are participating in Black Lives Matter and other demonstrations during the COVID-19 outbreaks around the world.
The legal advice comes from the 18 experts on the UNHRC who monitor how countries implement the International Covenant on Civil and Political Rights. The panel’s General Comment notes that governments have the right to restrict protests on public health grounds within reason. “The protection of ‘public health’ ground may exceptionally permit restrictions to be imposed, for example, where there is an outbreak of an infectious disease and gatherings are dangerous,” the report said. Christof Heyns, a committee member, added that a government could limit the number of demonstrations in a public square to accommodate social distancing. The General Comment noted that restrictions on the right of peaceful assembly might occur on the grounds of public safety, public order, and the protection of others’ morals and rights.
However, the report stressed the grounds for restrictions should not be used to unduly restrict demonstrations, emphasizing “assemblies are a legitimate use of public and other spaces.” In addition to the general framework for restrictions, the Comment stated any restrictions must be content-neutral, and the rules applicable to freedom of expression should be followed. Further, the document said that states have duties “not to prohibit, restrict, block or disrupt assemblies without compelling justification.”
Notably, the Comment states that protestors have the right to wear protective gear such as masks or hoods to cover their faces while participating in protests and demonstrations. Additionally, governments should not collect personal data to harass or intimidate protest participants. It also stressed the right of journalists and human rights observers to monitor and document any assembly, including violent and unlawful ones.
The post UN rights expert welcomes guidance on right to peaceful assembly extending to digital platforms appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.