Thus, the authorities must establish the reasons for not authorizing the
demonstration in the first place, the public interest at stake, and what risks were
represented by the demonstration. The method used by the police for discouraging
the protesters, containing them in a particular place or dispersing the demonstration
is also an essential factor in assessing the proportionality of the interference.
VIII.
Treatment of vulnerable persons and special categories of persons
1. Recalling the obligation of the State to protect the right to the assembly by ratifying
and giving effect to all relevant international human rights treaties through
incorporation into domestic legislation, the State must address specific needs and
challenges faced by vulnerable groups and special categories of individuals in the
exercise of these rights.
2. Vulnerable groups of persons include women, children, the elderly, and persons
with disabilities. Special categories of persons include the media, clergy, and
bystanders.
3. This duty may require additional measures to be taken to facilitate the exercise of
the right to freedom of assembly by those people.
4. The State must demonstrate a zero-tolerance approach to violence against
vulnerable persons connected with an assembly by properly investigating all
violations, prosecuting perpetrators, and ensuring effective remedies for victims.
5. Specific recommended guidelines on the treatment of these categories by law
enforcement officials during the exercise of their right of assembly are contained in
Part II (V).
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