A/HRC/19/41
D.
Restrictions on freedom of expression, association and assembly
62.
Under article 19 of the International Covenant on Civil and Political Rights,
“everyone shall have the right to freedom of expression; this right shall include freedom to
seek, receive and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any other media of his choice.”
The Covenant also affirms that “everyone shall have the right to freedom of association
with others...” (art. 22), and that “the right of peaceful assembly shall be recognized” (art.
21). Under the Covenant, States parties may limit enjoyment of these rights only insofar as
restrictions are provided for by law and necessary to protect rights of others, national
security, or public safety, order, health or morals. Any such restrictions should be
compatible with the provisions, aims and objectives of the Covenant and should not be
discriminatory.117
63.
Various bodies within the United Nations system have addressed restrictions on
rights of people whose advocacy addresses sexuality and gender issues. 118 Where States
require legal registration of non-governmental organizations, LGBT groups have had
applications rejected or their legal registration revoked.119 The threat of deregistration has
been used to curtail advocacy on sexuality and gender issues and intimidate individuals in
the organizations concerned. Police have raided offices of LGBT groups and confiscated
computer hard drives and contact lists of clients and supporters, thereby exposing others to
risk of harassment or violence.120 Where computer files have contained information about
sexual orientation and HIV prevention, including about condom use, staff and volunteers of
LGBT groups have sometimes been arrested or harassed. 121 The personal reputations of
defenders who support rights related to gender and sexuality have been challenged and
maligned, including through allegations related to sexual orientation, in efforts to suppress
their advocacy.122 Special procedures have highlighted risks faced by women defenders
owing to the perception that they are “challenging accepted socio-cultural norms, traditions,
perceptions and stereotypes about femininity, sexual orientation, and the role and status of
women in society.”123
64.
LGBT defenders and supporters of related rights have been subjected to violence
and harassment when convening meetings or cultural events, or participating in LGBT
“equality marches”. In some States, such events are denied police protection or permits,
sometimes under guise of threats to public morals or safety, which privileges the
antagonists rather than those claiming rights. In the absence of effective police protection,
advocates and marchers have sometimes been physically attacked and harassed by State
and non-State actors, including “skinhead” and fundamentalist groups.124 In 2010, the
European Court of Human Rights fined the Russian Federation for violating rights related
to assembly, discrimination and remedy after the State banned LGBT parades in Moscow
117
118
119
120
121
122
123
124
20
Human Rights Committee general comment No. 34 (CCPR/C/GC/34), para. 26. See also general
comment No. 22 (CCPR/C/21/Rev.1/Add.4), para. 8.
See A/HRC/4/37, para. 96; A/HRC/10/12/Add.1, paras. 2574-2582, and A/HRC/16/44;
A/HRC/11/4/Add.1, paras. 289-292 and 1513-1515; and E/CN.4/2005/64/Add.1, para. 494.
See A/HRC/4/37/Add.1, para. 29 (on Argentina), para. 511 (on Nigeria), and para. 686 (on Turkey);
and A/HRC/10/12/Add.1, paras. 1558-1562 (on Kyrgyzstan) and 2574 -2577 (on Turkey).
A/HRC/10/12/Add.1, paras. 1558-1562 and 2574-2582.
A/HRC/16/44/Add.1, paras. 2517-2525 (on Zimbabwe).
A/HRC/16/44, para. 85.
See E/CN.4/2001/94, para. 89 (g), and A/HRC/16/44.
See A/HRC/10/12/Add.1, paras. 275-280 (on Bosnia and Herzegovina) and A/HRC/11/4/Add.1,
paras. 289-292; and A/HRC/16/44/Add.1, paras. 1157–1164 (on Indonesia).
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