Table 12: TB and Freedom of Assembly and Association

Examples of Human Rights Violations

Human Rights Standards Treaty Body Interpretation
ICCPR 21. The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

ICCPR 22(1). Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

None.

Other Interpretations 

WHO Guidance on ethics of tuberculosis prevention, care and control (WHO, 2010):

Overarching goals and objectives. TB patients have the right to receive advice and treatment that meets international quality standards, be free of stigmatization and discrimination, establish and join peer support networks, and benefit from accountable representation.

The obligation to provide access to TB services. Focusing on patients as part of their larger communities—Patients should be encouraged to form support groups and to work with their communities to address the social determinants of TB.

Resolution WHA 62.15, Prevention and control of multidrug-resistant tuberculosis and extensively drug-resistant tuberculosis
(WHO, 2009):

Para. 1(j). Undertake “effective advocacy, communication and social mobilization, avoiding stigmatization and discrimination, and spreading community awareness about policies and plans for prevention and control of tuberculosis including [MDR- and XDR-TB]”. Resolution WHA 62.15.

Patients’ Charter for Tuberculosis Care (World Care Council, 2006):

Care. The right to benefit from proactive health sector community outreach, education, and prevention campaigns as part of comprehensive care programs.

Information. The right to meet, share experiences with peers and other patients and to voluntary counseling at any time from diagnosis through treatment completion.

Organization. The right to join, or to establish, organizations of people with or affected by tuberculosis and to seek support for the development of these clubs and community-based associations through the health providers, authorities, and civil society. The right to participate as “stakeholders” in the development, implementation, monitoring, and evaluation of tuberculosis policies and programs with local, national, and international health authorities.