The Kennedy Human Rights Center’s General Comment 38 submission provides a comparative analysis of freedom of association, offering an overview of the issues facing the right to freedom of association around the globe and the state of international human rights law on the right. It focuses in particular on country experiences and human rights mechanisms in Latin America and Africa. Specifically, Section II of the submission identifies three threats to freedom of association common in both regions: the abuse of registration laws, which States use to limit the legal operation of associations; the spread of foreign agent laws, which stigmatize and restrict civil society organizations; and the overly broad use of national security and counterterrorism laws, which take advantage of vague language and standards to attack civil society groups. Section III of the submission analyzes the legal standards set out by regional and international human rights mechanisms, focusing on the scope of the definition of “association”; the obligations States have regarding freedom of association; the circumstances in which States can limit freedom of association; and the intersection between freedom of association and other rights and protections. Overall, the submission underscores the importance of freedom of association to democratic life and civic space, particularly in light of recent challenges to civil society organizations worldwide.
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Kennedy Human Rights Center Submits Input to the UN Human Rights Committee to Inform General Comment No. 38 on Freedom of Association
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