Sub-area 1.2: Related Freedoms

Principle: Freedoms of assembly and expression are guaranteed to
everybody

STANDARD 1

CSO representatives, individually or
through their organizations,
enjoy freedom of peaceful assembly

INDICATORS

Legislation:
1. The legal framework is based on international standards and provides the
right for freedom of assembly for all without any discrimination.
2. The laws recognize and do not restrict spontaneous, simultaneous and
counter-assemblies.
3. The exercise of the right is not subject to prior authorization by the
authorities, but at the most to a prior notification procedure, which is not
burdensome.
4. Any restriction of the right based on law and prescribed by regulatory
authority can be appealed by organizers.
Practice:
1. There are no cases of encroachment of the freedom of assembly, and any
group of people can assemble at desired place and time, in line with the
legal provisions.
2. Restrictions are justified with explanations of the reason for each restriction,
which is promptly communicated in writing to the organizer to guarantee
the possibility of appeal.
3. Simultaneous, spontaneous and counter-assemblies can take place, and the
state facilitates and protects groups to exercise their right against people
who aim to prevent or disrupt the assembly.
4. There are cases of freedom of assembly practiced by CSOs (individually or
through their organizations) without prior authorization; when notification
is required it is submitted in a short period of time and does not limit the
possibility to organize the assembly.
5.No excessive use of force is exercised by law enforcement bodies, including
preemptive detentions of organizers and participants.
6. Media should have as much access to the assembly as possible.

STANDARD 2

CSO representatives, individually or
through their organizations
enjoy freedom of expression

INDICATORS

Legislation:
1. The legal framework provides freedom of expression for all.
2. Restrictions, such as limitation of hate speech, imposed by legislation are
clearly prescribed and in line with international law and standards.
3. Libel is a misdemeanor rather than part of the penal code.
Practice:
1. CSO representatives, especially those from human rights and watchdog
organizations, enjoy the right to freedom of expression on matters they
support and they are critical of.
2. There are no cases of encroachment of the right to freedom of expression
for all.
3. There are no cases where individuals, including CSO representatives, would
be persecuted for critical speech in public or private.
4. There is no sanction for critical speech, in public or private, under the penal
code.

STANDARD 3

Civil society representatives,
individually and through their
organizations, have the rights to safely
receive and impart information through
any media

INDICATORS

Legislation:
1. The legal framework provides the possibility to communicate via and access
any source of information, including the Internet and ICT; if there are legal
restrictions they are exceptional, limited and based on international human
rights law.
2. The legal framework prohibits unjustified monitoring of communication
channels, including Internet and ICT, or collecting users’ information by the
authorities.
Practice:
1. There are no cases in practice where restrictions are imposed on accessing
any source of information, including the Internet or ICT.
2. The internet is widely accessible and affordable.
3. There is no practice or cases of unjustified monitoring by the authorities
of communication channels, including the Internet or ICT, or of collecting
users’ information.
4. There are no cases of police harassment of members of social networking
groups.
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