Freedom of assembly
Encyclopedia
Freedom of assembly, sometimes used interchangeably with the freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
, is the individual right to come together and collectively express, promote, pursue and defend common interests. The right to freedom of association is recognized as a human right, a political freedom and a civil liberty.
Freedom of assembly and freedom of association may be used to distinguish between the freedom to assemble in public places and the freedom of joining an association. Freedom of assembly is often used in the context of the right to protest
Right to protest
The right to protest is a perceived human right arising out of a number of recognized human rights. While no human rights instrument or national constitution grants the absolute right to protest, such a right to protest may be a manifestation of the right to freedom of assembly, the right to...
, while freedom of association is used in the context of labor rights and the Constitution of the United States, is interpreted to mean both the freedom to assemble and the freedom to join an association.
The United States constitution explicitly provides for 'the right of the people peaceably to assemble, and to petition the Government for a redress of grievances'" in the First Amendment.
Human rights instruments
The freedom of assembly is written about in the following human rights instruments:- Universal Declaration of Human RightsUniversal Declaration of Human RightsThe Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
- Article 20 - European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
- Article 11Article 11 ECHRArticle 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".-Case law:*Plattform "Ärzte für das... - American Convention on Human RightsAmerican Convention on Human RightsThe American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...
- Article 15
Examples of the national and regional constitutions recognizing the freedom of assembly are:
- United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
- First AmendmentFirst Amendment to the United States ConstitutionThe First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
to the Constitution of the United StatesUnited States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three... - GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
- Art. 8 GG - CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
- S. 2 of the Canadian Charter of Rights and FreedomsCanadian Charter of Rights and FreedomsThe Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
which forms part of the Constitution Act, 1982Constitution Act, 1982The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867... - FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
- article 431-1 of the Nouveau Code Pénal - Hong Kong Basic LawHong Kong Basic LawThe Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, or simply Hong Kong Basic Law, serves as the constitutional document of the Hong Kong Special Administrative Region of the People's Republic of China...
Section 27 - IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
- Fundamental Rights in IndiaFundamental Rights in India'Part III - Fundamental Rights' is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India... - Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
- Guaranteed by Article 40.6.1 of the Constitution of IrelandConstitution of IrelandThe Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected... - JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
- Article 21 - Macau Basic LawMacau Basic LawThe Basic Law of the Macau Special Administrative Region of the People's Republic of China is the constitution of Macau, replacing the Estatuto Orgânico de Macau, which was effective since 1976, on 20 December 1999....
Article 27 - TurkeyTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
- article 33 and 34 of the Constitution of TurkeyConstitution of TurkeyThis article relates to a current event. See also the Turkish constitutional referendum, 2010The Constitution of the Republic of Turkey is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of the state's conduct along with its...
guarantee the freedom of associationFreedom of associationFreedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
and assembly. - TaiwanTaiwanTaiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
(Republic of ChinaRepublic of ChinaThe Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
) - Article 14 guarantees freedom of assembly and association. - BangladeshBangladeshBangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
- Articles 37 and 38 of the Constitution of BangladeshConstitution of BangladeshThe Constitution of Bangladesh is the supreme law of Bangladesh. It declares Bangladesh as a secular democratic republic where sovereignty belongs to the people; and lays down the framework defining fundamental political principles of the state and spells out the fundamental rights of citizens...
guarantee the freedom of associationFreedom of associationFreedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
and assembly.
See also
- Freedom of assembly in RussiaFreedom of assembly in RussiaFreedom of assembly in the Russian Federation is granted by Art. 31 of the Constitution adopted in 1993: Citizens of the Russian Federation shall have the right to gather peacefully, without weapons, and to hold meetings, rallies, demonstrations, marches and pickets....
- Strategy-31Strategy-31Strategy-31 is a series of civic protests in support of the right to peaceful assembly in Russia guaranteed by Article 31 of the Russian Constitution...
- Strategy-31
- Free speech zoneFree speech zoneFree speech zones are areas set aside in public places for political activists to exercise their right of free speech in the United States. The First Amendment to the United States Constitution states that "Congress shall make no law... abridging.....
- Unlawful assemblyUnlawful assemblyUnlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
External links
- Guidelines on Freedom of Peaceful Assembly OSCE/ODIHR, 2007
- Guidelines on Freedom of Peaceful Assembly (2nd edition) Venice Commission and OSCE/ODIHR, 2010