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- Title
THE RIGHT FOR PROTEST TO BE HEARD.
- Authors
McMurry, Nicholas
- Abstract
The human right to protest is well established in international human rights law. However, this has not generally been understood to entail a right for protest to be heard. This paper argues that a right to be heard is developing in human rights law as expounded in the practice of UN Treaty Bodies. The right can be drawn most clearly from the right of children to be heard and the Committee on the Rights of the Child has drawn such conclusions in relation to children's Climate protests. Where protests reveal human rights issues and problems, the State may also be required to act, and UN Committees have responded to protests to identify State obligations. Finally, in contemporary democratic theories, protest movements may contribute to the development of the common will which must underscore the authority of government. The UN Committee on Economic, Social and Cultural Rights has drawn on the right to self-determination to argue that the State must hear popular protest. In the contexts explored in the article, the tentative conclusion is that the State has an obligation to engage with protesters in participatory processes and may have further obligations to respond to protest.
- Subjects
HUMAN rights movements; PROTEST movements; INTERNATIONAL cooperation on human rights; HUMAN rights policy; INTERNATIONAL cooperation on children's rights; UNITED Nations. Committee on Economic, Social &; Cultural Rights
- Publication
Journal of Diplomacy & International Relations, 2020, Vol 21, Issue 2, p93
- ISSN
1538-6589
- Publication type
Article