Submission in Response to Call for input - Draft General Comment No. 38 on Article 22 (Freedom of Association) of the International Covenant on Civil and Political Right
Country: All
Issues: International Advocacy
Mechanism: UN Human Rights Committee
Report Type: Call for Inputs
Freedom of Association, as guaranteed under Article 22 of the International Covenant on Civil and Political Rights, has broad application toward civil society and its members. Broadly speaking, jurisprudence from various U.N. bodies has recognized that any restrictions on this right must be legitimate, meaning relevant laws must be accessible and sufficiently precise to enable members to know how to regulate their conduct (foreseeability). Laws may not confer unfettered or sweeping discretion on the law’s enforcers. Restrictions may be imposed only to protect national security or public safety, public order, public health, morals, or the rights and freedoms of others, and they must be “necessary” in a democratic society, and they must be the least severe measures in range, duration, and applicability.
In response to the call for input from the Human Rights Committee, The Advocates has drafted a submission based on interviews with human rights defenders and civil society. This submission will provide examples of these restrictions and make recommendations for addressing them in General Comment Number 38 on Freedom of Association. It is based on interviews on file with The Advocates for Human Rights, primarily with human rights defenders and civil society from the identified Member States, as well as on desk research and the direct institutional experience of The Advocates for Human Rights.
Where indicated by a source citation and supported by evidence, our proposed recommendations
are drawn from the 2023 report, Relevant Sources of Law on Article 22 ICCPR: Right to
Freedom of Association by the European Center for Not-for-Profit Law (ECNL) and
International Center for Not-for-Profit Law (ICNL).
