Human Rights Barometer for G20 Members
- Inclusive Society Institute
- Apr 24
- 47 min read
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April 2025
Author: Inclusive Society Institute Research Unit
CONTENTS
1. SOURCES AND METHODOLOGY
1.1 Introduction
1.2 Defining the Scope
1.3 Academic Sources and Legal Frameworks
1.4 Justification for the Scope
1.5 Human Rights Barometer for G20 Members: Selecting Key Indicators
1.5.1 Selection Criteria
1.5.2 Key Indicators
1.5.3 G20 Members
2 CIVIL AND POLITICAL RIGHTS PROTECTIONS AMONG G20 MEMBERS
2.1 Introduction
2.2 Common Protections Among G20 Members
2.3 G20 Members’ Laws and Policies
2.3.1 Argentina
2.3.2 Australia
2.3.3 Brazil
2.3.4 Canada
2.3.5 China
2.3.6 European Union
2.3.7 France
2.3.8 Germany
2.3.9 India
2.3.10 Indonesia
2.3.11 Italy
2.3.12 Japan
2.3.13 Mexico
2.3.14 Russia
2.3.15 Saudi Arabia
2.3.16 South Africa
2.3.17 South Korea
2.3.18 Turkey (Türkiye)
2.3.19 United Kingdom
2.3.20 United States
3 THE CIVIL AND POLITICAL RIGHTS BAROMETER
3.1 Overview of the Human Rights Barometer
3.2 Methodology for Measuring Compliance
3.3 Rights Matrices
3.4 Enforcement of Civil and Political Rights Protections: Applying the Barometer
3.4.1 Argentina's Human Rights Barometer Analysis
3.4.2 Australia’s Human Rights Barometer Analysis
3.4.3 Brazil’s Human Rights Barometer Analysis
3.4.4 Canada’s Human Rights Barometer Analysis
3.4.5 China's Human Rights Barometer Analysis
3.4.6 France's Human Rights Barometer Analysis
3.4.7 Germany's Human Rights Barometer Analysis
3.4.8 India's Human Rights Barometer Analysis
3.4.9 Indonesia's Human Rights Barometer Analysis
3.4.10 Italy's Human Rights Barometer Analysis
3.4.11 Japan's Human Rights Barometer Analysis
3.4.12 Mexico's Human Rights Barometer Analysis
3.4.13 Russia's Human Rights Barometer Analysis
3.4.14 Saudi Arabia's Human Rights Barometer Analysis
3.4.15 South Africa's Human Rights Barometer Analysis
3.4.16 South Korea's Human Rights Barometer Analysis
3.4.17 Turkey's Human Rights Barometer Analysis
3.4.18 United Kingdom's Human Rights Barometer Analysis
3.4.19 United States' Human Rights Barometer Analysis
4 TABULATED SCORES
5 CONCLUSION
TABLES
Table 1: Freedom of Assembly and Association Matrix
Table 2: Right to a Fair Trial and Due Process Matrix
Table 3: Political Participation and Democratic Governance Matrix
Table 4: Freedom from Discrimination Matrix
Table 5: Freedom from Torture and Inhuman Treatment Matrix
Table 6: Protection of Human Rights Defenders Matrix
Table 7: Freedom of Expression Matrix
Table 8: Freedom of Religion or Belief Matrix
Table 9: Right to Privacy Matrix
Table 10: Right to Life and Security of Person Matrix
Table 11: Freedom of Assembly and Association by Country
Table 12: Right to a Fair Trial and Due Process
Table 13: Political Participation and Democratic Governance
Table 14: Freedom from Discrimination
Table 15: Freedom from Torture and Inhumane Treatment
Table 16: Protection of Human Rights Defenders
Table 17: Freedom of Expression
Table 18: Freedom of Religion or Belief
Table 19: Right to Privacy
Table 20: Right to Life and Security of Person
Table 21: Overall Score
Cover phote: istock.com - Stock photo ID:1795102165
1. SOURCES AND METHODOLOGY
1.1 Introduction
This research brief explores the development of a human rights barometer to assess and compare the civil and political rights compliance of G20 members. Drawing from international law and academic sources, the barometer will establish a baseline for evaluating these members' commitment to fundamental human rights principles. This research brief will outline the civil and political rights laws and policies of each G20 member in order to create a legal and policy baseline, from which the human rights barometer will be drawn. Thereafter, the brief will consider the latest available data outlining levels of respect for civil and political rights by G20 members and measure this data against the barometer.
1.2 Defining the Scope
Civil and political rights are foundational to democratic societies and are protected under international law, such as the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR), as well as numerous domestic human rights laws. These rights ensure individuals' freedom to participate in public life, express opinions, and receive fair treatment by the state. For this brief, the following civil and political rights are within the scope:
Freedom of Expression
Recognised in Article 19 of the UDHR and ICCPR, this right includes the freedom to seek, receive, and impart information and ideas through any media, ensuring individuals can communicate without censorship or fear of retaliation.
Freedom of Assembly and Association
Defined in Articles 20 and 21 of the UDHR and ICCPR, this encompasses the right to peaceful assembly and to form associations or join groups, allowing people to organise for political, social, or cultural purposes.
Right to a Fair Trial and Due Process
Under Articles 10 and 11 of the UDHR and Articles 9 and 14 of the ICCPR, this right involves the protection against arbitrary detention and the guarantee of a fair and public trial by an independent judiciary, ensuring justice and legal representation.
Political Participation and Democratic Governance
Recognised in Article 21 of the UDHR and ICCPR, this includes the right to take part in the government, vote in free and fair elections, and access political representation, underpinning democratic governance.
Freedom from Discrimination
Defined in Article 2 of the UDHR and Article 26 of the ICCPR, this encompasses equal protection under the law without discrimination based on race, gender, religion, sexual orientation, or other characteristics.
Freedom from Torture and Inhuman Treatment
Recognised in Article 5 of the UDHR and Article 7 of the ICCPR, this right prohibits torture, cruel, inhuman, or degrading treatment or punishment, ensuring the dignity of individuals is respected.
Protection of Human Rights Defenders
Although not explicitly defined in a single article of the UDHR or ICCPR, this right is supported by various international norms, including the UN Declaration on Human Rights Defenders. It ensures individuals and groups can advocate for human rights without fear of persecution or retaliation.
Freedom of Religion or Belief
Protected under Article 18 of the UDHR and ICCPR, this right ensures individuals have the freedom to adopt, change, or practice a religion or belief of their choice, free from coercion or discrimination.
Right to Privacy
Recognised in Article 12 of the UDHR and Article 17 of the ICCPR, this right protects individuals from arbitrary interference with their privacy, family, home, or correspondence and guarantees the right to be free from unwarranted surveillance.
Right to Life and Security of Person
Defined in Article 3 of the UDHR and Article 6 of the ICCPR, this right includes protection against arbitrary deprivation of life and ensures the security and protection of individuals from violence, abuse, and harm.
1.3 Academic Sources and Legal Frameworks
The rights outlined above are derived from established international legal frameworks and academic research on human rights. Notable sources include:
United Nations Human Rights Council (UNHRC): Publishes reports on the status of civil and political rights globally.
Amnesty International and Human Rights Watch: Non-governmental organisations that document violations and promote human rights advocacy.
Academic Journals: Articles from journals like the Human Rights Law Review and International Journal of Constitutional Law explore the application and interpretation of these rights in various contexts.
1.4 Justification for the Scope
Civil and political rights form the bedrock of personal freedoms and democratic governance. They are enshrined in international law and widely recognised by G20 members. By focusing on these rights, the barometer aims to evaluate the extent to which these members uphold their international obligations and create a meaningful baseline for assessing human rights compliance.
1.5 Human Rights Barometer for G20 Members: Selecting Key Indicators
To create a human rights barometer that effectively measures civil and political rights compliance in G20 members, selecting key indicators is crucial.
1.5.1 Selection Criteria
To ensure the indicators are useful and reliable, they should meet these criteria:
Relevance: Indicators should reflect significant aspects of civil and political rights.
Measurable: They must be quantifiable or assessable through data.
Reliable: Sources must be reputable to ensure accuracy and consistency.
1.5.2 Key Indicators
The following indicators are used in this brief for evaluating civil and political rights in G20 members:
Freedom of Expression
Indicator: Press freedom index, censorship laws, and incidents of journalists being harassed, detained, or killed.
Sources: Reports from organisations like Reporters Without Borders and Freedom House, as well as government records on media-related prosecutions.
Freedom of Assembly and Association
Indicator: Laws regulating public gatherings, requirements for permits for peaceful protests, and cases of police violence during demonstrations.
Sources: Legal databases, government records on protest-related arrests, and reports from NGOs monitoring public assembly.
Right to a Fair Trial and Due Process
Indicator: Judicial independence index, time to trial, and reports on arbitrary detention or political imprisonment.
Sources: Human Rights Watch and Amnesty International reports, as well as government statistics on judicial proceedings.
Political Participation and Democratic Governance
Indicator: Election transparency, voter turnout, and representation of women and minorities in political offices.
Sources: Election observation reports from organisations like the Organization for Security and Co-operation in Europe (OSCE) and the International Institute for Democracy and Electoral Assistance (IDEA), along with government statistics on electoral processes and representation.
Freedom from Discrimination
Indicator: Anti-discrimination laws, reported incidents of hate crimes, and data on social inequalities.
Sources: Reports from the United Nations Human Rights Council (UNHRC), national anti-discrimination bodies, and NGOs monitoring social discrimination.
Freedom from Torture and Inhuman Treatment
Indicator: Legal prohibitions against torture, documented incidents of abuse, and mechanisms for holding violators accountable.
Sources: Reports from organisations like Amnesty International and the UN Committee Against Torture, as well as official records from national human rights bodies.
Protection of Human Rights Defenders
Indicator: Legal protections for human rights defenders, instances of harassment or persecution, and the existence of laws that safeguard activists.
Sources: Reports from Front Line Defenders, Human Rights Watch, and government data on the treatment of civil society actors.
Freedom of Religion or Belief
Indicator: Legal protections for religious freedom, incidents of religious persecution or discrimination, and the state’s treatment of religious minorities.
Sources: Reports from NGOs like Open Doors and the Pew Research Center, as well as government records on religious freedom violations.
Right to Privacy
Indicator: Laws regulating government surveillance, data protection laws, and incidents of privacy violations by state actors.
Sources: Reports from international privacy organisations, UN privacy experts, and national data protection bodies.
Right to Life and Security of Person
Indicator: Legal protections against violence, state-sanctioned killings, and reports of abuse by law enforcement or security forces.
Sources: Reports from Human Rights Watch, Amnesty International, and government data on incidents of violence or arbitrary killings.
1.5.3 G20 Members
The following is a list of G20 members and a short description of their legal systems:
Argentina: A federal republic with a bicameral legislature consisting of a Senate and a Chamber of Deputies. Executive power is vested in the President.
Australia: A federal representative democracy and a constitutional monarchy with a bicameral Parliament consisting of the House of Representatives and the Senate.
Brazil: A Federative Republic with a bicameral Parliament consisting of a Chamber of Deputies and a Federal Senate.
Canada: A federation with a bicameral Parliament, consisting of the House of Commons and the Senate, and a constitutional monarchy.
China: The world's largest legislative body with a unicameral National People's Congress. However, the Chinese Communist Party (CCP) holds significant power.
European Union: The European Parliament is the lawmaking body of the European Union, with 705 Members elected by direct universal suffrage.
France: A bicameral Parliament consisting of the Senate and the National Assembly. The Senate has 348 members, and the National Assembly has 577 members.
Germany: A bicameral parliamentary system with the Bundestag and the Bundesrat. The Bundestag is the main legislative body.
India: A parliamentary system with a bicameral Parliament consisting of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People).
Indonesia: A bicameral Parliament with the People's Consultative Assembly (Majelis Permusyawaratan Rakyat) comprising the House of Representatives and the Council of Representatives of the Regions.
Italy: A bicameral Parliament with the Chamber of Deputies and the Senate of the Republic. Both houses are elected every five years.
Japan: A constitutional monarchy with a parliamentary system. The National Diet consists of the House of Representatives and the House of Councillors.
Mexico: A federal republic with a bicameral Congress of the Union consisting of the Chamber of Deputies and the Senate.
Russia: A bicameral Federal Assembly consisting of the State Duma and the Federation Council.
Saudi Arabia: A monarchy with a Consultative Council (Majlis Al-Shura) that advises the King. The council has 150 members appointed by the King.
South Africa: A bicameral Parliament consisting of the National Assembly and the National Council of Provinces.
South Korea: A single-chamber National Assembly responsible for reflecting the views of the Korean people, pursuing their interests, and scrutinising government actions.
Türkiye: A constitutional republic with a Presidential system. The Grand National Assembly has 600 seats.
United Kingdom: A constitutional monarchy with a bicameral Parliament comprising the House of Lords and the House of Commons.
United States: A federal republic with a bicameral Congress consisting of the House of Representatives and the Senate.
2. CIVIL AND POLITICAL RIGHTS PROTECTIONS AMONG G20 MEMBERS
2.1 Introduction
This section of the brief introduces the common civil and political rights protections that exist among G20 members and outlines how these protections vary between members. To evaluate each member's commitment to human rights, the barometer examines legal frameworks and policies governing these rights. This introduction provides an overview of the most common civil and political rights protections, offering a foundation for subsequent analysis of individual G20 members' laws and policies.
2.2 Common Protections Among G20 Members
Among the G20 members, certain protections for civil and political rights are widely recognised, typically based on international agreements like the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR). Common protections include:
Freedom of Expression: The right to express opinions and share information without fear of censorship or retaliation.
Freedom of Assembly and Association: The right to peacefully assemble and form groups for political, social, or cultural purposes.
Right to a Fair Trial and Due Process: Protections ensuring judicial independence and fair legal processes.
Political Participation and Democratic Governance: The right to participate in political processes and hold public office.
Freedom from Discrimination: Legal frameworks preventing discrimination based on race, gender, religion, sexual orientation, or other characteristics.
Freedom from Torture and Inhuman Treatment: Laws prohibiting torture and inhuman treatment.
Protection of Human Rights Defenders: Protections for human rights activists, journalists, and civil society advocates.
2.3 G20 Members’ Laws and Policies
In this section, the brief will delve into each G20 member's laws and policies individually to explore their compliance with these common protections. The analysis will cover domestic legislation, international agreements, and other regulatory frameworks that influence civil and political rights.
2.3.1 Argentina
Argentina is a signatory to various international and regional human rights instruments that protect civil and political rights. The following list includes the international and regional agreements to which Argentina subscribes:
International Instruments
Argentina has ratified core international human rights treaties[1], including:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
Convention on the Rights of the Child (CRC)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
International Convention for the Protection of All Persons from Enforced Disappearance (CPED)
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW)
Convention on the Rights of Persons with Disabilities (CRPD).
Additionally, Argentina has ratified various optional protocols, such as the Optional Protocol to the ICCPR and the Optional Protocol to the CAT, indicating its commitment to human rights monitoring and protection.
Regional Instruments
Argentina is a member of the Inter-American System of Human Rights, overseen by the Organization of American States (OAS). As part of this system, Argentina subscribes to the American Convention on Human Rights and the American Declaration of the Rights and Duties of Man. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are key mechanisms for monitoring and promoting human rights in the Americas.
Domestic Protections in Argentina
Argentina's domestic laws offer protections for civil and political rights. The Argentine Constitution contains provisions that align with international human rights standards, including:
Freedom of Expression: Protected under constitutional law, allowing for the free exchange of ideas and opinions.
Freedom of Assembly and Association: Guaranteed by the constitution, permitting citizens to assemble peacefully and form associations for political, social, or cultural purposes.
Right to a Fair Trial and Due Process: Enshrined in the constitution, ensuring judicial independence and protection from arbitrary detention.
Freedom from Discrimination: Constitutional provisions prohibit discrimination based on race, gender, religion, or other characteristics, ensuring equal protection under the law.
Argentina also has additional domestic laws that reinforce these constitutional protections. For instance, the Anti-Discrimination Law prohibits discrimination based on various grounds, and the Right to Information Law promotes transparency and freedom of information. These domestic protections, along with Argentina's international commitments, reflect the country's efforts to uphold civil and political rights.
Civil and Political Rights Protections in Argentina
Argentina offers the following protections for civil and political rights, derived from its constitution, domestic laws, and international commitments:
Freedom of Expression: Individuals can freely express their opinions and share information without fear of censorship or retaliation.
Freedom of Assembly and Association: People are allowed to assemble peacefully and form associations for political, social, or cultural purposes.
Right to a Fair Trial and Due Process: Ensures judicial independence, fair trials, and protection against arbitrary detention.
Political Participation and Democratic Governance: Guarantees the right to vote, participate in elections, and hold public office.
Freedom from Discrimination: Protection against discrimination based on race, gender, religion, sexual orientation, or other characteristics, ensuring equal treatment.
Freedom from Torture and Inhuman Treatment: Prohibits torture, cruel, or degrading treatment, ensuring humane treatment of individuals.
Protection of Human Rights Defenders: Ensures the safety and freedom of activists, journalists, and civil society advocates.
Access to Information: Promotes transparency and allows individuals to access public information.
2.3.2 Australia
Australia subscribes to a range of international and regional instruments that protect civil and political rights, along with domestic protections outlined in its constitution and other laws.
International Instruments
Australia has ratified many core international human rights treaties[2], demonstrating a commitment to international standards. These include:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention on the Rights of Persons with Disabilities (CRPD)
International Convention for the Protection of All Persons from Enforced Disappearance (CPED)
Convention Relating to the Status of Refugees and the Reduction of Statelessness.
Optional protocols are also ratified, such as the Optional Protocol to the ICCPR and the Optional Protocol to the CAT.
Regional Instruments
Australia is part of the Asia-Pacific region and does not have a regional human rights convention like other continents. However, it actively participates in the United Nations Human Rights Council (UNHRC) and supports the Universal Declaration of Human Rights (UDHR).
Domestic Protections
Australia's constitution does not explicitly list all civil and political rights but contains some key protections, including:
Freedom of Political Communication: Implied in the constitution.
Anti-Discrimination Laws: Addressed through various acts, including the Racial Discrimination Act, the Sex Discrimination Act, and the Disability Discrimination Act.
Judicial Independence: Ensured through the separation of powers in the constitution.
Additional protections in Australia include:
Freedom of Expression: While not directly stated in the constitution, it is protected through legal frameworks and court rulings.
Freedom of Assembly and Association: Laws permit peaceful assembly and the formation of associations.
Right to a Fair Trial: Protections against arbitrary detention and for judicial independence.
Freedom from Discrimination: Laws that prohibit discrimination based on race, gender, religion, or other grounds.
Civil and Political Rights Protections in Australia
Freedom of Expression: Australians can express opinions and share information without fear of censorship or retaliation. This freedom is generally implied within the legal framework and court rulings.
Freedom of Assembly and Association: Australians have the right to assemble peacefully and form associations for political, social, or cultural purposes.
Right to a Fair Trial and Due Process: Legal frameworks ensure judicial independence, protect against arbitrary detention, and guarantee fair legal processes.
Political Participation and Democratic Governance: Australians have the right to vote, participate in elections, and hold public office.
Freedom from Discrimination: Legal provisions ensure equal protection under the law and prohibit discrimination based on race, gender, religion, sexual orientation, or other grounds.
Freedom from Torture and Inhuman Treatment: Australian laws prohibit torture, inhuman, or degrading treatment.
Protection of Human Rights Defenders: Legal frameworks provide safety and freedom for activists and journalists.
Access to Information: Australians have the right to access public information, promoting transparency.
These protections are derived from a combination of domestic laws and international commitments.
2.3.3 Brazil
Brazil is a signatory to various international and regional human rights instruments that protect civil and political rights. It also has domestic protections in its constitution and other laws.
International Instruments
Brazil has ratified key international human rights treaties[3], demonstrating a commitment to international standards. These include:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW)
International Convention for the Protection of All Persons from Enforced Disappearance (CPED)
Convention on the Rights of Persons with Disabilities (CRPD)
Brazil has also ratified optional protocols, such as the Optional Protocol to the ICCPR and the Optional Protocol to the CAT, indicating a commitment to monitoring human rights and ensuring compliance.
Regional Instruments
Brazil is part of the Inter-American System for Human Rights, subscribing to the American Convention on Human Rights and the American Declaration of the Rights and Duties of Man.
Domestic Protections in Brazil
Brazil's constitution, adopted in 1988, is known for its comprehensive human rights provisions. It enshrines key protections for civil and political rights, including:
Freedom of Expression: Individuals have the right to express opinions without fear of censorship.
Freedom of Assembly and Association: The right to assemble peacefully and form associations for political, social, or cultural purposes.
Right to a Fair Trial and Due Process: Judicial independence and protection against arbitrary detention.
Freedom from Discrimination: Laws prohibit discrimination based on race, gender, religion, sexual orientation, or other characteristics.
Brazil's domestic laws reinforce these constitutional protections. For example, the Anti-Discrimination Law and other legislation focus on anti-racism and gender equality. Brazil's legal system also supports freedom of information and other civil liberties.
Civil and Political Rights Protections in Brazil
The following is a list of civil and political rights protections in Brazil, derived from its constitution and international commitments:
Freedom of Expression
Freedom of Assembly and Association
Right to a Fair Trial and Due Process
Political Participation and Democratic Governance
Freedom from Discrimination
Freedom from Torture and Inhuman Treatment
Protection of Human Rights Defenders
Access to Information
These protections provide a basis for evaluating Brazil's compliance with civil and political rights.
2.3.4 Canada
Canada is a G20 member that upholds various civil and political rights through a combination of international and regional commitments and domestic legislation.
International Instruments
Canada has ratified key international human rights treaties[4], including:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
Convention on the Rights of the Child (CRC)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention on the Rights of Persons with Disabilities (CRPD)
International Convention for the Protection of All Persons from Enforced Disappearance (CPED)
Canada has also ratified several optional protocols, such as the Optional Protocol to the ICCPR and the Optional Protocol to the CAT.
Regional Instruments
Canada is part of the Inter-American System for Human Rights under the Organization of American States (OAS), subscribing to the American Convention on Human Rights and other instruments.
Domestic Protections in Canada
Canada's domestic protections for civil and political rights are derived from its constitution and other laws. The Canadian Charter of Rights and Freedoms, a part of the Canadian Constitution, guarantees fundamental rights such as freedom of expression, freedom of assembly, and the right to a fair trial. Additionally, Canada has anti-discrimination laws that prohibit discrimination based on race, gender, religion, or other characteristics.
Canada's legal system also supports human rights through judicial independence, promoting transparency, and protecting human rights defenders. Other laws, like the Anti-Discrimination Act and the Right to Information Law, reinforce these constitutional protections.
Civil and Political Rights Protections in Canada
The following is a list of the common protections for civil and political rights in Canada, derived from its constitution, domestic laws, and international commitments:
Freedom of Expression: Canadians have the right to express opinions and share information without fear of censorship.
Freedom of Assembly and Association: The right to assemble and form associations for political, social, or cultural purposes.
Right to a Fair Trial and Due Process: Ensures judicial independence and protection from arbitrary detention.
Political Participation and Democratic Governance: The right to vote, participate in elections, and hold public office.
Freedom from Discrimination: Prohibits discrimination based on race, gender, religion, or other characteristics.
Freedom from Torture and Inhuman Treatment: Canadian laws prohibit torture and degrading treatment.
Protection of Human Rights Defenders: Ensures the safety and freedom of activists, journalists, and civil society advocates.
Access to Information: The right to access public information, promoting transparency.
2.3.5 China
China has ratified or joined numerous international human rights instruments, including six core UN conventions. Among these instruments are the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). China has also participated in the Universal Periodic Review of the Human Rights Council and served as a member of the council several times.
On the regional level, China does not belong to a specific regional human rights system. However, it actively engages in global human rights governance, participates in the United Nations Human Rights Council (UNHRC), and has a consistent record of ratifying international human rights instruments.
China's domestic laws and policies are designed to comply with these international human rights instruments, ensuring that legislation and policies are consistent with these conventions. The white paper on the practice of the Communist Party of China regarding human rights outlines China's approach to respecting, protecting, and promoting human rights.
Civil and Political Rights Protections in China
Below is a list of the civil and political rights protections in China, derived from its international commitments and domestic laws:
Freedom of Expression: Individuals can express their opinions, although within certain constraints.
Freedom of Assembly and Association: While this right is protected in China’s constitution, China has specific regulations that control public gatherings and associations.
Right to a Fair Trial and Due Process: Legal frameworks support judicial independence and protect against arbitrary detention.
Political Participation and Democratic Governance: Political processes are regulated, with limited multiparty participation.
Freedom from Discrimination: Laws prohibit discrimination based on race, gender, religion, or other characteristics.
Freedom from Torture and Inhuman Treatment: Laws prohibit torture, inhuman, or degrading treatment.
Protection of Human Rights Defenders: Human rights defenders are subject to specific regulations and oversight.
2.3.6 European Union
International Instruments
The European Union (EU) is unique in its comprehensive incorporation of international human rights standards into its legislative framework. It adheres to a wide range of international treaties and has its mechanisms to ensure compliance:
European Convention on Human Rights (ECHR)
Charter of Fundamental Rights of the European Union
Regional Instruments
The EU's framework is robust, with the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) playing critical roles in overseeing and enforcing human rights standards across member states.
Domestic Protections
The EU Charter of Fundamental Rights guarantees numerous civil and political rights across its member states, including dignity, freedoms, equality, solidarity, citizens’ rights, and justice. The EU actively promotes these rights both within its borders and in its external relations.
Civil and Political Rights in the European Union
Freedom of Expression and Assembly: Broadly protected across member states, though variations exist in the application depending on national laws.
Right to a Fair Trial and Due Process: Strongly enforced, with mechanisms in place to ensure fair trials and legal accountability.
Freedom from Discrimination: The EU has stringent anti-discrimination laws covering race, gender, religion, disability, and more.
Protection of Human Rights Defenders: The EU is known for its strong stance on protecting human rights advocates both within and outside its borders.
2.3.7 France
France has committed to protecting civil and political rights through international human rights instruments, domestic legislation, and regional mechanisms.
International Instruments
France has ratified several key international human rights treaties[5], demonstrating its commitment to global human rights standards. These include:
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Rights of the Child (CRC)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
France has also ratified various optional protocols, such as the Optional Protocol to the ICCPR and the Optional Protocol to the CAT.
Regional Instruments
France is part of the European human rights system, subscribing to regional agreements like the European Convention on Human Rights (ECHR) and supporting bodies such as the European Court of Human Rights (ECtHR) and the European Committee of Social Rights. These regional mechanisms offer additional protection for human rights in Europe.
Domestic Protections in France
France's domestic legislation includes various protections for civil and political rights. The French Constitution ensures fundamental rights such as freedom of expression, assembly, and association. Additional domestic laws focus on anti-discrimination, protection against torture, and support for refugees and migrants.
Civil and Political Rights Protections in France
The following protections for civil and political rights are found in France:
Freedom of Expression: Protected under French law, with certain restrictions regarding incitement to violence or hate speech.
Freedom of Assembly and Association: Legal frameworks regulate public gatherings and associations, with some restrictions for security reasons.
Right to a Fair Trial and Due Process: Judicial independence and protections against arbitrary detention.
Freedom from Discrimination: Laws that prohibit discrimination based on race, gender, religion, or other characteristics.
Freedom from Torture and Inhuman Treatment: Legal provisions against torture and cruel or degrading treatment.
Protection of Human Rights Defenders: Legal mechanisms exist to support activists and journalists, though there are instances of police brutality during protests.
Access to Information: Right to access public information, promoting transparency.
2.3.8 Germany
Germany has ratified various international human rights treaties and has a comprehensive domestic legal framework protecting civil and political rights.
International Instruments
Germany has ratified many key international human rights treaties[6], demonstrating its commitment to global human rights standards. These include:
International Covenant on Civil and Political Rights (ICCPR)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW)
Convention on the Rights of Persons with Disabilities (CRPD)
Germany has also ratified various optional protocols, such as the Optional Protocol to the ICCPR and the Optional Protocol to the CAT.
Regional Instruments
Germany is part of the European human rights system and subscribes to regional agreements like the European Convention on Human Rights (ECHR). The European Court of Human Rights (ECtHR) is a key regional body overseeing compliance with these instruments.
Domestic Protections in Germany
Germany's constitution, the Basic Law, guarantees various civil and political rights, such as freedom of expression, assembly, and association. Additional domestic laws address anti-discrimination, judicial independence, and other human rights protections.
Civil and Political Rights Protections in Germany
The following protections for civil and political rights are found in Germany:
Freedom of Expression: Protected under German law, with some limitations regarding incitement to violence or hate speech.
Freedom of Assembly and Association: Legal frameworks support public gatherings and forming associations.
Right to a Fair Trial and Due Process: Judicial independence and protection from arbitrary detention.
Political Participation and Democratic Governance: The right to vote, participate in elections, and hold public office.
Freedom from Discrimination: Laws that prohibit discrimination based on various grounds.
Freedom from Torture and Inhuman Treatment: Protections against torture and cruel or degrading treatment.
Protection of Human Rights Defenders: Legal frameworks support the work of activists and journalists.
Access to Information: The right to access public information, promoting transparency.
2.3.9 India
India has signed several international and regional instruments that protect civil and political rights. Here is an overview of these instruments and domestic protections in India.
International Instruments
India has ratified a number of key international human rights treaties[7], including:
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Rights of the Child (CRC)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICMW)
Convention on the Rights of Persons with Disabilities (CRPD).
However, India has not ratified all optional protocols, including the Optional Protocol to the ICCPR and the Optional Protocol to the Convention against Torture (CAT).
Regional Instruments
India does not belong to a specific regional human rights system, but it participates in the United Nations Human Rights Council (UNHRC).
Domestic Protections in India
India's constitution provides fundamental rights and protections for civil and political rights, such as freedom of expression, assembly, association, and the right to a fair trial and due process. Additional domestic laws focus on anti-discrimination, judicial independence, and protection against torture.
Civil and Political Rights Protections in India
India provides various civil and political rights protections, derived from international treaties and domestic legislation, including:
Freedom of Expression
Freedom of Assembly and Association
Right to a Fair Trial and Due Process
Freedom from Discrimination
Freedom from Torture and Inhuman Treatment
Protection of Human Rights Defenders
Access to Information
2.3.10 Indonesia
International Instruments
Indonesia has committed to several key international human rights instruments[8], which reflect its engagement with global human rights standards:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Regional Instruments
As part of the Association of Southeast Asian Nations (ASEAN), Indonesia is a signatory to the ASEAN Human Rights Declaration, which aims to enhance regional cooperation on human rights issues.
Domestic Protections
Indonesia’s Constitution guarantees numerous civil and political rights, including freedom of expression, freedom of assembly, and the right to a fair trial. Additionally, Indonesia has national laws that support these constitutional protections:
Human Rights Law: Enshrines broad protections for civil and political rights.
Anti-Discrimination Law: Addresses various forms of discrimination and promotes equality.
Information and Electronic Transactions Law: Regulates digital communication, aiming to balance freedom of expression with protections against online harm.
Civil and Political Rights in Indonesia
The protections for civil and political rights in Indonesia include:
Freedom of Expression: Legally protected, though subject to limitations concerning public order and morality.
Freedom of Assembly and Association: Guaranteed but requires government notification and can be subject to restrictions based on security and public order.
Right to a Fair Trial and Due Process: Ensured through the judiciary, though challenges in consistency and enforcement remain.
Freedom from Discrimination: Supported by legislation, although implementation varies across regions.
Freedom from Torture and Inhuman Treatment: Prohibited under law, with ongoing efforts to strengthen enforcement mechanisms.
Protection of Human Rights Defenders: Increasingly recognised, though activists often face challenges.
Access to Information: Supported by laws that promote transparency and public participation in governance.
2.3.11 Italy
International Instruments
Italy is party to several international treaties[9] that uphold civil and political rights, such as:
International Covenant on Civil and Political Rights (ICCPR)
Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
International Convention for the Protection of All Persons from Enforced Disappearance (CPED)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Optional Protocol to CEDAW
Convention on the Rights of Persons with Disabilities (CRPD)
Optional Protocol to CRPD
Convention on the Rights of the Child (CRC)
Optional Protocol to the CRC on the involvement of children in armed conflict
Optional Protocol to the CRC on the sale of children, child prostitution, and child pornography
International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Optional Protocol to the Convention against Torture (OPCAT)
Italy has also accepted the individual complaints procedures of the ICCPR, CAT, CEDAW, CRPD, CRC, CERD, and CPED, allowing individuals to submit complaints about human rights violations.
Regional Instruments
Italy is part of the European human rights system, subscribing to the European Convention on Human Rights (ECHR) and the European Social Charter. The European Court of Human Rights (ECtHR) oversees these conventions' implementation.
Domestic Protections
The Italian Constitution provides for various civil and political rights, including freedom of expression, assembly, and association. Italy's domestic laws reinforce these protections, covering areas like anti-discrimination, judicial independence, and transparency.
Civil and Political Rights Protections in Italy
Italy's protections for civil and political rights include:
Freedom of Expression
Freedom of Assembly and Association
Right to a Fair Trial and Due Process
Freedom from Discrimination
Freedom from Torture and Inhuman Treatment
Protection of Human Rights Defenders
Access to Information
2.3.12 Japan
International Instruments
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
Convention on the Rights of Persons with Disabilities (CRPD)
International Convention for the Protection of All Persons from Enforced Disappearance (CPED)
Optional Protocol to the ICCPR
Optional Protocol to the CEDAW
Optional Protocol to the CRC
Optional Protocol to the CRPD
Regional Instruments
Japan does not belong to a specific regional human rights system but actively participates in the United Nations Human Rights Council (UNHRC) and supports the Universal Declaration of Human Rights (UDHR).
Domestic Protections
Japan's constitution guarantees civil and political rights such as freedom of expression, assembly, and association. Domestic laws further reinforce protections against discrimination and torture.
Civil and Political Rights Protections
Japan's protections for civil and political rights include:
Freedom of Expression
Freedom of Assembly and Association
Right to a Fair Trial and Due Process
Freedom from Discrimination
Freedom from Torture and Inhuman Treatment
Protection of Human Rights Defenders
Access to Information
2.3.13 Mexico
International Instruments
Mexico has ratified international treaties like the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Regional Instruments
Mexico is part of the Inter-American System for Human Rights, subscribing to the American Convention on Human Rights. The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights monitor and enforce these regional conventions.
Domestic Protections
Mexico's constitution includes guarantees for civil and political rights like freedom of expression, assembly, and association. Additional domestic laws provide protections against discrimination, torture, and arbitrary detention.
Civil and Political Rights Protections in Mexico
Mexico's protections for civil and political rights include:
Freedom of Expression
Freedom of Assembly and Association
Right to a Fair Trial and Due Process
Freedom from Discrimination
Freedom from Torture and Inhuman Treatment
Protection of Human Rights Defenders
Access to Information
2.3.14 Russia
International Instruments
Russia is a signatory to several international human rights instruments, including:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention against Torture (CAT)
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention on the Rights of the Child (CRC)
Convention on the Rights of Persons with Disabilities (CRPD)
International Convention for the Protection of All Persons from Enforced Disappearance (CPED)
Convention Relating to the Status of Refugees and its 1967 Protocol
Regional Instruments
Russia is part of the European human rights system and has signed the European Convention on Human Rights (ECHR) and European Social Charter.
Civil and Political Rights in Russia
Protections for civil and political rights in Russia are covered through a combination of international and regional instruments and domestic legislation:
Freedom of Expression: Russian citizens have the right to freely express their opinions, although this is subject to certain limitations.
Freedom of Assembly and Association: Regulations allow for peaceful assembly and association, with certain restrictions.
Right to a Fair Trial and Due Process: Judicial independence and protection against arbitrary detention, though often criticised for political bias.
Political Participation and Democratic Governance: The right to vote, participate in elections, and hold public office, although restrictions exist.
Freedom from Discrimination: Anti-discrimination laws exist but with varying effectiveness in enforcement.
Freedom from Torture and Inhuman Treatment: Legal protections against torture and degrading treatment, although concerns remain.
Protection of Human Rights Defenders: Activists and journalists face increasing restrictions and scrutiny.
Access to Information: Access to information is constrained by governmental control over media.
2.3.15 Saudi Arabia
International Instruments
Saudi Arabia has committed to various international human rights frameworks, though its adherence and the breadth of its commitments have been subjects of significant international scrutiny:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Rights of the Child (CRC)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Regional Instruments
As a member of the Arab League, Saudi Arabia is a signatory to the Arab Charter on Human Rights, which was ratified in 2008. This Charter reaffirms the principles contained in universally recognised human rights documents, such as the Universal Declaration of Human Rights and the International Covenants on Human Rights, but has been criticised for not fully meeting international norms, particularly regarding women's rights and the rights of children.
Domestic Protections
Saudi Arabia's legal framework includes provisions that theoretically protect various civil and political rights. However, the application and enforcement of these provisions often fall short of international standards. Key issues include restrictions on freedom of expression, association, assembly, particularly for activists and human rights defenders and consistent use of the death penalty. Recent years have seen some reforms, such as improvements in women's rights, notably the right to drive and a reduction in the male guardianship system, although these changes have not fully dismantled systemic gender discrimination.
Civil and Political Rights in Saudi Arabia
Freedom of Expression and Assembly: Severely restricted, with the government frequently targeting activists and critics under the guise of security and cybercrime laws.
Right to a Fair Trial and Due Process: Often compromised by the use of special courts and anti-terrorism laws that lack transparency and procedural fairness.
Freedom from Discrimination: Despite some progress, significant challenges persist, especially concerning gender equality and the rights of foreign workers.
Protection of Human Rights Defenders: Human rights defenders face arrest, detention, and harassment, often without due process.
2.3.16 South Africa
International Instruments
South Africa is committed to international human rights standards, demonstrated by its ratification of several key treaties:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention against Torture (CAT)
Convention on the Rights of the Child (CRC)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention on the Rights of Persons with Disabilities (CRPD)
Regional Instruments
As a participant in the African human rights framework, South Africa subscribes to the African Charter on Human and Peoples' Rights (ACHPR) and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol).
Domestic Protections
The South African Constitution is celebrated for its broad protections of human rights, including:
Bill of Rights: Enshrines freedoms such as expression, assembly, association, and the right to a fair trial.
Promotion of Equality and Prevention of Unfair Discrimination Act: Tackles discrimination and promotes equality.
Protection of Personal Information Act: Safeguards personal information and enhances the right to privacy.
Civil and Political Rights in South Africa
Key protections include:
Freedom of Expression: Strongly protected under the Constitution.
Freedom of Assembly and Association: Guaranteed and actively upheld.
Right to a Fair Trial and Due Process: Central to the judicial system, with independent courts.
Freedom from Discrimination: Extensive laws to prevent discrimination on any grounds.
Freedom from Torture and Inhuman Treatment: Explicitly prohibited and enforced by law.
Protection of Human Rights Defenders: Generally supported, though challenges exist in practice.
Access to Information: Robust legislation facilitating transparency and accountability.
2.3.17 South Korea
International Instruments
South Korea has ratified international treaties like the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention against Torture (CAT), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
Regional Instruments
South Korea does not belong to a specific regional human rights system but participates in the United Nations Human Rights Council (UNHRC).
Domestic Protections
South Korea's constitution guarantees various civil and political rights, including freedom of expression, assembly, and association. Its domestic laws reinforce protections against discrimination, torture, and arbitrary detention.
Civil and Political Rights Protections in South Korea
South Korea's protections for civil and political rights include:
Freedom of Expression
Freedom of Assembly and Association
Right to a Fair Trial and Due Process
Freedom from Discrimination
Freedom from Torture and Inhuman Treatment
Protection of Human Rights Defenders
Access to Information
2.3.18 Turkey (Türkiye)
International Instruments
Turkey has ratified key international conventions, reflecting its commitment to uphold human rights:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention against Torture (CAT)
Convention on the Rights of the Child (CRC)
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention on the Rights of Persons with Disabilities (CRPD)
Regional Instruments
As part of the European human rights regime, Turkey subscribes to the European Convention on Human Rights (ECHR) and the European Social Charter.
Domestic Protections
Turkey’s constitutional and legal framework provides for civil and political rights:
Constitution of Turkey: Incorporates fundamental rights and freedoms, including detailed articles on freedom of expression and the press.
Law on Meetings and Demonstrations: Governs public gatherings, aiming to balance security and freedom of assembly.
Anti-Discrimination and Equality Board: Established to enforce laws against discrimination.
Civil and Political Rights in Turkey
Prominent protections include:
Freedom of Expression: Constitutionally protected, though subject to significant legal restrictions.
Freedom of Assembly and Association: Allowed with regulatory requirements.
Right to a Fair Trial and Due Process: Affirmed in the legal system, with ongoing concerns about judicial independence.
Freedom from Discrimination: Legislation in place, with varying effectiveness in enforcement.
Freedom from Torture and Inhuman Treatment: Prohibited by law, with ongoing international scrutiny.
Protection of Human Rights Defenders: Legally recognised yet facing operational challenges.
Access to Information: Legal provisions exist, promoting government transparency to an extent.
2.3.19 United Kingdom
International Instruments
The United Kingdom (UK) has ratified several key international human rights instruments, highlighting its commitment to upholding global human rights standards. These treaties include:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention Against Torture (CAT)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
Convention on the Rights of Persons with Disabilities (CRPD)
Regional Instruments
As a member of the Council of Europe, the UK is bound by the European Convention on Human Rights (ECHR).
Domestic Protections
The UK integrates international commitments into its domestic legal framework, primarily through the Human Rights Act 1998, which incorporates the ECHR. Additionally, various statutes and common law provide protections against discrimination, ensure due process, and uphold other fundamental rights.
Civil and Political Rights in the United Kingdom
The protections for civil and political rights in the UK include:
Freedom of Expression: Robustly protected, subject to certain legal restrictions regarding hate speech and national security.
Freedom of Assembly and Association: Well-established rights, with police needing to be notified of public assemblies.
Right to a Fair Trial and Due Process: Fundamental rights under the UK legal system, emphasising fair legal procedures and access to justice.
Freedom from Discrimination: Comprehensive laws that cover various grounds including race, gender, and disability.
Freedom from Torture and Inhuman Treatment: Strongly prohibited under both domestic law and international obligations.
Protection of Human Rights Defenders: Generally upheld, with legal protections in place to support their activities.
Access to Information: Enshrined in the Freedom of Information Act, providing public access to data held by public authorities.
2.3.20 United States
International Instruments
The United States (US) has ratified key international human rights treaties, reflecting its commitment to uphold these standards, including:
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Compared to other nations, however, the US has ratified relatively few treaties related to civil and political rights. The US has notably not ratified the Convention on the Rights of the Child (CRC). Furthermore, although less relevant to this barometer, which focuses on civil and political rights, the US has not ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR).
Regional Instruments
The United States participates in the Inter-American System for Human Rights but has not ratified the American Convention on Human Rights, which limits its commitments under this regional framework.
Domestic Protections
The US Constitution provides robust protections for civil and political rights, with the First Amendment guaranteeing freedom of speech and assembly, among other rights. The Fourteenth Amendment ensures due process and equal protection under the law. Federal statutes like various iterations of the Civil Rights Act protect against discrimination on several bases including race, colour, religion, sex, or national origin.
Civil and Political Rights in the United States
Key protections include:
Freedom of Expression and Speech: Broadly protected under the First Amendment, with no specific laws criminalising hate speech, recognising a high threshold for limiting speech to cases of imminent lawless action.
Freedom of Assembly and Association: Strongly protected, allowing individuals to gather and organise freely.
Right to a Fair Trial and Due Process: A cornerstone of the American legal system, ensuring fairness and legal equity.
Freedom from Discrimination: Supported by extensive legislation that prohibits discrimination across various contexts.
Freedom from Torture and Inhuman Treatment: Outright prohibited under US law and international treaties the US has ratified.
Protection of Human Rights Defenders: While generally supported, human rights defenders in the US can face challenges such as surveillance, legal actions intended to curb activism, and in some cases, harassment or violence, which may hinder their ability to operate freely.
Access to Information: Facilitated by the Freedom of Information Act (FOIA), which promotes transparency and accountability in government.
These protections, while extensive, are subject to ongoing legal and social challenges that test the boundaries and effectiveness of civil and political rights in the US.
3 THE CIVIL AND POLITICAL RIGHTS BAROMETER
3.1 Overview of the Human Rights Barometer
The Human Rights Barometer is a tool designed to evaluate the compliance of G20 members with civil and political rights standards, focusing on both legal frameworks and the realities of enforcement. This document introduces and applies the Barometer using a set of rights matrices, each tailored to specific human rights categories. These matrices reflect both the legal protections in place for each right and the actual enforcement and lived experiences of individuals within these states.
The Barometer covers a broad spectrum of rights that are foundational to the protection of civil and political freedoms, including:
Freedom of Expression
Freedom of Assembly and Association
Right to a Fair Trial and Due Process
Political Participation and Democratic Governance
Freedom from Discrimination
Freedom from Torture and Inhuman Treatment
Protection of Human Rights Defenders
Freedom of Religion or Belief
Right to Privacy
Right to Life and Security of Person
While this document introduces the Barometer and demonstrates its use, it does not provide a comprehensive study of all G20 members. Instead, it provides an illustrative application, using external reports and available data to offer an overview of each country’s compliance with key human rights. For a complete and fully accurate application of the Barometer, each G20 member would require a dedicated, in-depth study focusing on the specific rights evaluated by the tool.
3.2 Methodology for Measuring Compliance
The Barometer evaluates each country’s performance in respect of the selected human rights categories through matrices that combine legal standards (de jure protections) with actual enforcement and compliance (de facto realities). The matrices provide a five-point scale for each category, reflecting both the presence of legal protections and the extent to which these protections are enforced in practice. This approach ensures a nuanced understanding of each country’s human rights landscape, considering not just what is written into law but how effectively those laws are applied and respected.
3.3 Rights Matrices
Each rights category is assessed using a matrix that outlines clear criteria for scoring. Below are the matrices used to determine a member’s protection of civil and political rights according to the barometer.
Table 1: Freedom of Assembly and Association Matrix
Table 2: Right to a Fair Trial and Due Process Matrix
Table 3: Political Participation and Democratic Governance Matrix
Table 4: Freedom from Discrimination Matrix
Table 5: Freedom from Torture and Inhuman Treatment Matrix
Table 6: Protection of Human Rights Defenders Matrix
Table 7: Freedom of Expression Matrix
Table 8: Freedom of Religion or Belief Matrix
Table 9: Right to Privacy Matrix
Table 10: Right to Life and Security of Person Matrix
3.4 Enforcement of Civil and Political Rights Protections: Applying the Barometer
Having explored the domestic, regional, and international legal frameworks that underpin civil and political rights in each G20 country, the next step in the Barometer’s application is to assess the enforcement of these protections. This section will provide an overview of how each country implements and upholds these rights in practice, using the 10 matrices developed earlier. These matrices cover a broad range of rights, including freedom of expression, assembly, and association, the right to a fair trial, protection from discrimination, and more.
In assessing the enforcement of these rights, the analysis will draw on reports from credible sources such as Human Rights Watch, Amnesty International, UN bodies, and other authoritative organisations. While this overview is not an exhaustive analysis of each country’s human rights performance, it provides a snapshot of how well legal protections translate into real-world outcomes. The Barometer, as applied here, serves as a framework for understanding compliance with civil and political rights and highlights areas where countries perform well, as well as those where significant challenges remain.
3.4.1 Argentina's Human Rights Barometer Analysis
3.4.1.1 Freedom of Assembly and Association
Freedom of assembly and association are constitutionally guaranteed in Argentina under Article 14 of the Constitution, which protects the right to meet peacefully and to form associations for lawful purposes. These rights are fundamental to Argentina's democratic system and have been central to its civil society, particularly in the aftermath of the country’s military dictatorship.
Despite these protections, there are concerns regarding the state’s handling of protests, particularly in cases involving police violence against demonstrators. Law enforcement responses to social protests, often related to economic conditions or human rights issues, have sometimes involved the use of excessive force, raising concerns about violations of the right to peaceful assembly. Human rights organisations, including Amnesty International and Human Rights Watch, have documented instances of police brutality in controlling protests, particularly in lower-income areas.
Trade unions and political parties operate freely, with strong legal protections for labour organisations. However, union leaders and activists have occasionally faced threats and violence, particularly when advocating for workers’ rights in conflict with business interests. These incidents highlight ongoing challenges in fully protecting the right to association in practice.
Score: 3/5 – "Legal protections are inconsistent or weak. Protests are often subject to heavy policing or restrictions. Civil society groups face bureaucratic hurdles or occasional harassment."
References:
Amnesty International. 2023. Argentina: Human Rights Report. [Online] Available at: https://www.amnesty.org/en/location/americas/south-america/argentina/ [Accessed: 19 October 2024].
Freedom House. 2024. Freedom in the World 2024: Argentina. [Online] Available at: https://freedomhouse.org/country/argentina/freedom-world/2024 [Accessed: 19 October 2024].
Human Rights Watch. 2023. World Report 2023: Argentina. [Online] Available at: https://www.hrw.org/world-report/2023/country-chapters/argentina [Accessed: 19 October 2024].
3.4.1.2 Right to a Fair Trial and Due Process
In Argentina, the right to a fair trial and due process is protected under both national and international legal frameworks. The Constitution of Argentina guarantees due process rights in Articles 18 and 75, which include the presumption of innocence, the right to a defence, and the prohibition of arbitrary detention. Argentina is also a signatory to the American Convention on Human Rights and the International Covenant on Civil and Political Rights, which further affirm these protections.
Despite these legal safeguards, there are persistent concerns about the effectiveness of Argentina’s judicial system. Issues such as long delays in court proceedings, pretrial detention without timely access to justice, and corruption within the judiciary remain significant problems. Many detainees, particularly those from marginalised communities, face extended periods in pretrial detention due to case backlogs and an underfunded judicial system.
Although judicial reforms have been introduced to address these issues, challenges remain in ensuring timely access to fair trials, especially for those who cannot afford private legal representation. Corruption, political influence, and inefficiencies in the system continue to undermine the right to due process for many individuals.
Score: 2/5 – "The judiciary is compromised by political or executive influence. Arbitrary detention is frequent, and trials are often delayed or unfair."
References:
Amnesty International. 2023. Argentina: Annual Report 2023. [Online] Available at: https://www.amnesty.org/en/location/americas/south-america/argentina/ [Accessed: 14 September 2024].
United Nations Human Rights Committee. 2016. Concluding Observations on Argentina. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR%2FC%2FARG%2FCO%2F5&Lang=en [Accessed: 14 September 2024].
3.4.1.3 Political Participation and Democratic Governance
Argentina is a federal, representative democracy with regular, multiparty elections at all levels. Elections are generally free and fair, with high voter turnout due to mandatory voting laws. The political landscape has traditionally been dominated by the Justicialist Party (Peronists) and the Radical Civic Union, though polarisation has increased in recent years, particularly over economic and corruption issues.
Corruption is a significant problem, undermining public trust in government institutions. High-profile corruption cases and political influence over the judiciary have slowed reforms, and political clientelism, especially in poorer areas, affects the fairness of elections. Despite these challenges, Argentina has a strong civil society and an independent media that play crucial roles in democratic accountability, although journalists covering sensitive issues occasionally face harassment.
Score: 4/5 – "Elections are generally free and fair, though there may be some political interference. Political opposition is allowed, but it faces certain challenges or limitations."
References:
Freedom House. 2024. Freedom in the World 2024: Argentina. [Online] Available at: https://freedomhouse.org/country/argentina/freedom-world/2024 [Accessed: 19 October 2024].
Human Rights Watch. 2023. World Report 2023: Argentina. [Online] Available at: https://www.hrw.org/world-report/2023/country-chapters/argentina [Accessed: 19 October 2024].
International Institute for Democracy and Electoral Assistance (IDEA). 2022. Electoral Integrity in Argentina. [Online] Available at: https://www.idea.int/data-tools/data/country?country=11&database_theme=293 [Accessed: 14 September 2024].
Transparency International. 2023. Argentina Corruption Perceptions Index. [Online] Available at: https://www.transparency.org/en/countries/argentina [Accessed: 19 October 2024].
3.4.1.4 Freedom from Discrimination
Freedom from discrimination in Argentina is protected under the Constitution of Argentina and reinforced by various national laws and international treaties.
Argentina is a global leader in gender and LGBTQ+ rights. It was the first country in Latin America to legalise same-sex marriage in 2010 and is known for its progressive Gender Identity Law (2012), which allows individuals to change their gender on legal documents without needing medical procedures. Despite these legal advances, women and LGBTQ+ individuals continue to face discrimination in practice, particularly in employment and healthcare, including access to abortion. Gender-based violence remains a critical issue, with high rates of femicide.
Indigenous groups, particularly in rural areas, often face economic and social exclusion. Discrimination against Afro-Argentine and immigrant communities, especially migrants from neighbouring countries, is also reported, manifesting in limited access to public services and employment opportunities. The state has introduced laws to address these issues, but enforcement remains inconsistent, and these communities continue to face marginalisation.
Argentina has strong legal protections for people with disabilities, including the Comprehensive Protection Law for people with disabilities. However, in practice, people with disabilities often encounter barriers in accessing education, employment, and healthcare, and there are frequent reports of inadequate infrastructure and services.
In summary, while Argentina has made significant strides in establishing legal protections against discrimination, challenges persist, particularly for women, LGBTQ+ individuals, indigenous groups, and people with disabilities.
Score: 3/5 – "Anti-discrimination laws exist but are weakly enforced or selectively applied. Significant disparities exist for certain minority groups."
References:
Amnesty International. 2023. Argentina: Human Rights Report. [Online] Available at: https://www.amnesty.org/en/location/americas/south-america/argentina/ [Accessed: 19 October 2024].
BBC. 2023. Abortion may be legal in Argentina but women still face major obstacles. [Online] Available at: https://www.bbc.com/news/world-latin-america-64784660 [Accessed: 14 September 2024].
Human Rights Watch. 2023. World Report 2023: Argentina. [Online] Available at: https://www.hrw.org/world-report/2023/country-chapters/argentina [Accessed: 19 October 2024].
3.4.1.5 Freedom from Torture and Inhuman Treatment
While torture is prohibited by law in Argentina, reports of police brutality and inhuman treatment persist.
There have been ongoing concerns about police violence and mistreatment of detainees, particularly in prisons and detention centres. Human rights organisations, such as Amnesty International and Human Rights Watch, have documented cases of excessive use of force, torture, and ill-treatment by law enforcement officials, particularly against vulnerable populations, including migrants and those in poorer communities. These reports often highlight instances of torture used to extract confessions or punish individuals during detention.
In the aftermath of Argentina’s military dictatorship, the country has worked to address past human rights abuses, including widespread torture. Argentina has held numerous trials for individuals involved in state-sponsored torture during the dictatorship, reflecting its commitment to holding perpetrators accountable. However, current-day allegations of police brutality and ill-treatment continue to be areas of concern.
While Argentina has made significant strides in addressing historical torture and strengthening legal protections, the ongoing use of excessive force by law enforcement highlights the need for continued oversight and reforms to ensure full protection against torture and inhuman treatment.
Score: 3/5 – "Torture and inhuman treatment are prohibited by law but reports of abuse by law enforcement or security forces are not uncommon. Accountability for violators is inconsistent."
References:
Amnesty International. 2023. Argentina: Human Rights Report. [Online] Available at: https://www.amnesty.org/en/location/americas/south-america/argentina/ [Accessed: 19 October 2024].
Human Rights Watch. 2023. World Report 2023: Argentina. [Online] Available at: https://www.hrw.org/world-report/2023/country-chapters/argentina [Accessed: 19 October 2024].
United Nations. 2022. Convention Against Torture: Argentina's Review. [Online] Available at: https://www.ohchr.org/en/treaty-bodies/cat [Accessed: 19 October 2024].
3.4.1.6 Protection of Human Rights Defenders
In Argentina, human rights defenders play a critical role in advocating for social justice, democracy, and accountability, often in the face of significant risks. While Argentina's Constitution and international human rights treaties guarantee protections for human rights defenders, in practice, defenders frequently face threats, harassment, and even violence, particularly when addressing sensitive issues like corruption, indigenous rights, and environmental protection.
Human rights organisations such as Amnesty International and Human Rights Watch have documented cases where human rights defenders, particularly those from indigenous and rural communities, have been targeted by both state and non-state actors. Environmental defenders opposing large-scale projects like mining and deforestation are especially vulnerable, facing intimidation and legal challenges from powerful corporate interests.
Despite these threats, Argentina’s civil society remains strong, with human rights defenders continuing to advocate for marginalised communities and hold the government accountable for human rights violations. However, ongoing challenges in ensuring the safety of defenders, particularly in remote areas, highlight the need for stronger legal and institutional mechanisms to protect them.
Score: 3/5 – "Human rights defenders face some harassment or legal challenges, particularly when criticising the government. Protections are weak or inconsistently applied."
References:
Amnesty International. 2023. Argentina: Human Rights Report. [Online] Available at: https://www.amnesty.org/en/location/americas/south-america/argentina/ [Accessed: 19 October 2024].
Front Line Defenders. 2023. Argentina: Protection of Human Rights Defenders. [Online] Available at: https://www.frontlinedefenders.org/en/location/argentina [Accessed: 19 October 2024].
Human Rights Watch. 2023. World Report 2023: Argentina. [Online] Available at: https://www.hrw.org/world-report/2023/country-chapters/argentina [Accessed: 19 October 2024].
3.4.1.7 Freedom of Expression
Freedom of expression in Argentina is protected by Article 14 of the Constitution, which guarantees individuals the right to express their ideas and opinions freely.
Despite these legal protections, challenges persist in practice. Media outlets and journalists face pressures when reporting on sensitive topics such as corruption, government mismanagement, and human rights violations. Journalists, particularly those working in investigative journalism, have reported harassment and threats when covering politically sensitive stories.
In conclusion, while Argentina has strong legal frameworks protecting freedom of expression, the reality for journalists and civil society actors sometimes involves navigating threats, government pressure, and legal challenges.
Score: 4/5 – "Freedom of expression is generally protected, though some restrictions apply, particularly on sensitive topics. The press operates freely, but there may be occasional government pressure."
References:
Amnesty International. 2023. Argentina: Human Rights Report. [Online] Available at: https://www.amnesty.org/en/location/americas/south-america/argentina/ [Accessed: 19 October 2024].
Freedom House. 2024. Freedom in the World 2024: Argentina. [Online] Available at: https://freedomhouse.org/country/argentina/freedom-world/2024 [Accessed: 19 October 2024].
Human Rights Watch. 2023. World Report 2023: Argentina. [Online] Available at: https://www.hrw.org/world-report/2023/country-chapters/argentina [Accessed: 19 October 2024].
3.4.1.8 Freedom of Religion or Belief
Freedom of religion or belief in Argentina is constitutionally guaranteed under Article 14 of the Constitution, which ensures the right to freely practice any religion. Argentina has a rich religious diversity, with Roman Catholicism historically being the dominant religion, though the state formally separated from the Catholic Church in 1994. The Constitution also prohibits any form of religious discrimination, and Argentina is a signatory to international treaties like the International Covenant on Civil and Political Rights (ICCPR), further solidifying protections for religious freedom.
Argentina has made significant strides in promoting religious tolerance. Various religious communities, including Catholics, Protestants, Jews, Muslims, and indigenous spiritual practices, coexist in relative harmony. The country also has one of the largest Jewish communities in Latin America.
However, despite these protections, religious minorities occasionally face social discrimination. There have been reports of antisemitism and instances of intolerance toward other religious groups, such as evangelical Christians and Muslims, though these incidents are relatively rare. The government generally promotes religious pluralism and engages in dialogue with various faith communities to address these issues.
Overall, Argentina’s legal framework strongly supports freedom of religion or belief, although vigilance is needed to address occasional incidents of discrimination and ensure the continued protection of all religious communities.
Score: 5/5 – "The country guarantees complete freedom of religion or belief, allowing all individuals to practice their faith or choose no faith without fear of persecution. Religious communities operate freely and equally."
References:
Amnesty International. 2023. Argentina: Human Rights Report. [Online] Available at: https://www.amnesty.org/en/location/americas/south-america/argentina/ [Accessed: 19 October 2024].
Freedom House. 2024. Freedom in the World 2024: Argentina. [Online] Available at: https://freedomhouse.org/country/argentina/freedom-world/2024 [Accessed: 19 October 2024].
US Department of State. 2022. International Religious Freedom Report: Argentina. [Online] Available at: https://www.state.gov/reports/2022-report-on-international-religious-freedom/argentina/ [Accessed: 19 October 2024].
3.4.1.9 Right to Privacy
The right to privacy in Argentina is protected under Article 19 of the Constitution, which guarantees personal autonomy and the protection of private life. This article establishes that private actions that do not harm others are outside the scope of public authority, forming the basis for privacy protections in the country. Argentina has also implemented the Personal Data Protection Law (Law 25.326), which regulates the collection, storage, and use of personal data, drawing inspiration from international data protection frameworks like the EU’s General Data Protection Regulation (GDPR).
The National Directorate for the Protection of Personal Data is responsible for overseeing the enforcement of this law, ensuring that individuals' data is handled responsibly, and protecting their right to privacy. This law includes provisions for the protection of sensitive data, the right to access and rectify personal information, and the requirement for informed consent before personal data is collected.
However, concerns remain about government surveillance, particularly regarding law enforcement’s access to personal data in the name of national security. There are also criticisms of the effectiveness of the country's data protection system, with reports of weak enforcement and delays in updating regulations to address new technological challenges.
Score: 3/5 – "Privacy rights are legally recognised, but government surveillance is more common, and protections for personal data are inconsistent."
References:
Freedom House. 2024. Freedom in the World 2024: Argentina. [Online] Available at: https://freedomhouse.org/country/argentina/freedom-world/2024 [Accessed: 19 October 2024].
US Department of State. 2022. Country Reports on Human Rights Practices: Argentina. [Online] Available at: https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/argentina/ [Accessed: 19 October 2024].
3.4.1.10 Right to Life and Security of Person
The right to life and security of person is guaranteed in Argentina under Article 18 of the Constitution, which prohibits arbitrary deprivation of life and ensures protection from violence and harm. Argentina is also a signatory to international human rights agreements, such as the International Covenant on Civil and Political Rights and the American Convention on Human Rights, both of which enshrine the right to life and personal security.
Despite strong legal protections, Argentina faces significant challenges in ensuring the right to life and security of its citizens, particularly due to high levels of violent crime, police brutality, and gender-based violence. Crime rates, especially in urban areas, remain a concern, with high incidences of homicides and violent assaults. Organised crime and drug-related violence have also increased, particularly in cities like Rosario, further undermining security.
Gender-based violence, particularly femicide, remains a critical issue in Argentina. Despite the introduction of laws like the Comprehensive Law on Violence Against Women, enforcement is inconsistent, and many women continue to face violence and abuse. Argentina has one of the highest femicide rates in Latin America, sparking widespread protests and campaigns like "Ni Una Menos" to demand better protections and justice for victims.
Police violence and excessive use of force, particularly during protests or in marginalised communities, have been reported by human rights organisations. There are concerns about impunity for police officers involved in unlawful killings, as well as inadequate accountability mechanisms to address such violations.
In conclusion, while Argentina has robust legal frameworks for the protection of life and security, persistent issues with crime, gender-based violence, and police brutality undermine the full realisation of these rights for many individuals.
Score: 3/5 – “The right to life is legally recognised, but certain populations face systemic violence or abuse. Law enforcement often operates with impunity.”
References:
Amnesty International. 2023. Argentina: Human Rights Report. [Online] Available at: https://www.amnesty.org/en/location/americas/south-america/argentina/ [Accessed: 19 October 2024].
Human Rights Watch. 2023. World Report 2023: Argentina. [Online] Available at: https://www.hrw.org/world-report/2023/country-chapters/argentina [Accessed: 19 October 2024].
US Department of State. 2022. Country Reports on Human Rights Practices: Argentina. [Online] Available at: https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/argentina/ [Accessed: 19 October 2024].
3.4.1.11 Argentina’s overall score – 3.3/5
Argentina demonstrates a mixed performance in terms of civil and political rights protections. The country has made significant strides in areas such as political participation and democratic governance, as well as freedom of religion, with strong legal frameworks in place. However, there are still notable challenges in enforcing these rights, particularly concerning issues of police brutality, and freedom from torture. While there are comprehensive anti-discrimination laws, enforcement remains uneven, particularly in rural areas and among vulnerable groups. Additionally, despite the legalisation of abortion, barriers persist in accessing these rights for many women.
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[1] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=7&Lang=EN [Accessed: 3 July 2024].
[2] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=9 [Accessed: 3 July 2024].
[3] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=24 [Accessed: 3 July 2024].
[4] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=31 [Accessed: 3 July 2024].
[5] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=62 [Accessed: 3 July 2024].
[6] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=66 [Accessed: 3 July 2024].
[7] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=79 [Accessed: 3 July 2024].
[8] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=80 [Accessed: 3 July 2024].
[9] Office of the United Nations High Commissioner for Human Rights (OHCHR). N.d. Treaty body database. [Online] Available at: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=85 [Accessed: 3 July 2024].
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