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Article 19, 21and 22 chapter 111 of ICCPR Right to freedom of expression Right to Peaceful assembly Right to freedom of association.

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Presentation on theme: "Article 19, 21and 22 chapter 111 of ICCPR Right to freedom of expression Right to Peaceful assembly Right to freedom of association."— Presentation transcript:

1 Article 19, 21and 22 chapter 111 of ICCPR Right to freedom of expression Right to Peaceful assembly Right to freedom of association

2 Freedom of Expression Article 19 of ICCPR

3 Freedom of Expression article 19 of ICCPR 1-Everyone shall have the right to hold opinions without interference 1-Everyone shall have the right to hold opinions without interference It requires protection of the "right to hold opinions without interference It requires protection of the "right to hold opinions without interference This is a right to which the Covenant (ICCPR) permits no exception or restriction. This is a right to which the Covenant (ICCPR) permits no exception or restriction.

4 2-How to achieve right to freedom of expression It requires protection of the right to freedom of expression, It requires protection of the right to freedom of expression, The right shall include not only freedom to "impart information and ideas of all kinds", but also freedom to "seek" and "receive" them regardless of frontiers and in whatever medium, "either orally, in writing or in print, in the form of art, or through any other media of his choice".

5 3-Special duties and responsibility The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order or of public health or morals. (b) For the protection of national security or of public order or of public health or morals. and they must be justified as being "necessary" for that State party for one of those purposes. and they must be justified as being "necessary" for that State party for one of those purposes.

6 No prejudice against the guarantees 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

7 ILO C87 Freedom of Association and Protection of the Right to Organise Convention, 1948 PART I. FREEDOM OF ASSOCIATION PART I. FREEDOM OF ASSOCIATION Article 2 Article 2 Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation. Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.

8 No interference in the working of organisations Article 3 Article 3 (1). Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. (1). Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. (2). The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof. (2). The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof. Article 4 Article 4 Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority. Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.

9 Right to establish Federation and confederation Article 5 Article 5 Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers. Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers. Article 6 Article 6 The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers' and employers' organisations. The provisions of Articles 2, 3 and 4 hereof apply to federations and confederations of workers' and employers' organisations. Article 7 Article 7 The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 hereof. The acquisition of legal personality by workers' and employers' organisations, federations and confederations shall not be made subject to conditions of such a character as to restrict the application of the provisions of Articles 2, 3 and 4 hereof.

10 Freedom of Association Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his/her interests. 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his/her interests.

11 Guarantees should not be impaired by law Article 8 Article 8 1. In exercising the rights provided for in this Convention workers and employers shall respect the law of the land. 1. In exercising the rights provided for in this Convention workers and employers shall respect the law of the land. 2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention. 2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention. Article 9 Article 9 1. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations. 1. The extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations. 2. The ratification of this Convention by any Member shall not be deemed to affect any existing law, award, custom or agreement in virtue of which members of the armed forces or the police enjoy any right guaranteed by this Convention. 2. The ratification of this Convention by any Member shall not be deemed to affect any existing law, award, custom or agreement in virtue of which members of the armed forces or the police enjoy any right guaranteed by this Convention.

12 Defination of Organisation Article 10 Article 10 In this Convention the term organisation means any organisation of workers or of employers for furthering and defending the interests of workers or of employers. In this Convention the term organisation means any organisation of workers or of employers for furthering and defending the interests of workers or of employers.

13 Right of Assembly Article 21 of ICCPR The right of peaceful assembly shall be recognized. The right of peaceful assembly shall be recognized. Freedom of assembly, is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests Freedom of assembly, is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests

14 Difference between assembly and association Freedom of assembly and freedom of association may be used to distinguish between the freedom to assemble in public places and the freedom of joining an association. Freedom of assembly and freedom of association may be used to distinguish between the freedom to assemble in public places and the freedom of joining an association. Freedom of assembly is often used in the context of the right to protest Freedom of assembly is often used in the context of the right to protest

15 The association The freedom of association is used in the context of labour rights and the right to collective bargaining, for example by joining a trade union The freedom of association is used in the context of labour rights and the right to collective bargaining, for example by joining a trade union The right to freedom of association is recognised as human right, political freedom and a civil The right to freedom of association is recognised as human right, political freedom and a civil

16 RIGHT TO WORK Article 6 of ICCPR Article 6 of ICCPR The States Parties recognize the right to work The States Parties recognize the right to work the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

17 Vocational training technical and vocational guidance and training programmes, technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual. policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

18 Free choice to work The Covenant affirms the obligation of States parties to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly. The Covenant affirms the obligation of States parties to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly. This is an individual right that belongs to each person and is at the same time a collective right This is an individual right that belongs to each person and is at the same time a collective right It also implies the right not to be unfairly deprived of employment. It also implies the right not to be unfairly deprived of employment.

19 Forced Labour The International Labour Organization defines forced labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”. The International Labour Organization defines forced labour as “all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily”.

20 Availability and accessibility to work Availability. States parties must have specialized services to assist and support individuals in order to enable them to identify and find available employment; Availability. States parties must have specialized services to assist and support individuals in order to enable them to identify and find available employment; Accessibility. The labour market must be open to everyone Accessibility. The labour market must be open to everyone Accessibility includes the right to seek, obtain and impart information on the means of gaining access to employment Accessibility includes the right to seek, obtain and impart information on the means of gaining access to employment prohibits any discrimination in access to and maintenance of employment prohibits any discrimination in access to and maintenance of employment

21 Men and women are equal Article 3 of the Covenant prescribes that States parties undertake to “ensure the equal right of men and women to the enjoyment Article 3 of the Covenant prescribes that States parties undertake to “ensure the equal right of men and women to the enjoyment Young persons, particularly young women, generally have great difficulties in finding initial employment. National policies relating to adequate education and vocational training should be adopted and implemented to promote and support access to employment opportunities Young persons, particularly young women, generally have great difficulties in finding initial employment. National policies relating to adequate education and vocational training should be adopted and implemented to promote and support access to employment opportunities

22 Article 7- Decent work The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular: (a) Remuneration which provides all workers, as a minimum, with: (a) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; (i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

23 Right to decent living (a) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (a) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions; (b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; (d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays (d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

24 Article 8 Right for trade unions Article 8 Right for trade unions 1. The States Parties to the present Covenant undertake to ensure: 1. The States Parties to the present Covenant undertake to ensure: (a) The right of everyone to form trade unions and join the trade union of his choice, (a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society

25 Trade unions free to work (b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations; (b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations; (c) The right of trade unions to function freely subject to no limitations other than those prescribed by law (c) The right of trade unions to function freely subject to no limitations other than those prescribed by law

26 Right to strike The right to strike, provided that it is exercised in conformity with the laws of the particular country. The right to strike, provided that it is exercised in conformity with the laws of the particular country. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.


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