Freedom of assembly
After some long years of oppression by the Crown leading up to the Revolutionary War those who suffered the insult of the denial of fundamental rights were unwilling to trust the blood spend upon the field of battle which secured liberty to the wiles of any political class which might establish itself in the halls of government. A union of any people ought to be secure in coming together for any common purpose which furthers the general welfare. The Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability to come together and collectively express, promote, pursue, and defend their ideas.[1] The right to freedom of association is recognized as a human right, political right and 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, 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.[2][not in citation given]
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.
Common constraints on the right to assemble are a class of time place manner regulations. A second type of constraint is the requirement to obtain a permit, where coordination may be needed to ensure public safety.
Human rights instruments
The freedom of assembly is written about in the following human rights instruments:
- Universal Declaration of Human Rights - Article 20
- International Covenant on Civil and Political Rights - Article 21
- European Convention on Human Rights - Article 11
- American Convention on Human Rights - Article 15
Examples of the national and regional constitutions recognizing the freedom of assembly are:
- Bangladesh - Articles 37 and 38 of the Constitution of Bangladesh guarantee the freedom of association and assembly.[3]
- Brazil - Article 5
- Canada - S. 2 of the Canadian Charter of Rights and Freedoms which forms part of the Constitution Act, 1982
- France - article 431-1 of the Nouveau Code Pénal
- Germany - Art. 8 GG
- Hong Kong Basic Law Section 27
- India - Fundamental Rights in India
- Italy - Article 17 of the Constitution[4]
- Japan - Article 21
- Macau Basic Law Article 27
- Constitution of the Philippines Article III, Section 4
- Republic of Ireland - Guaranteed by Article 40.6.1 of the Constitution of Ireland
- South Africa Bill of Rights Article 17
- Spain - Article 21 of the Spanish Constitution of 1978
- Turkey - article 33 and 34 of the Constitution of Turkey guarantee the freedom of association and assembly.
- Taiwan (Republic of China) - Article 14 guarantees freedom of assembly and association.
- United States - First Amendment to the Constitution of the United States
- Malaysia - Article 10 of the Constitution of Malaysia
- New Zealand - section 16 New Zealand Bill of Rights Act 1990
- Russia - Articles 30 and 31 of the Constitution of Russia guarantee the freedom of association and peaceful assembly.[5]
See also
- Freedom of assembly in Russia
- Strategy-31
- Free speech zone
- Unlawful assembly
- United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association
References
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- Guidelines on Freedom of Peaceful Assembly OSCE/ODIHR, 2007
- Guidelines on Freedom of Peaceful Assembly (2nd edition) Venice Commission and OSCE/ODIHR, 2010
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- ↑ Jeremy McBride, Freedom of Association, in The Essentials of... Human Rights, Hodder Arnold, London, 2005, pg.18-20
- ↑ Freedom Of Assembly
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