Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, 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, 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.[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.
Like other rights, freedom of assembly is not absolute. For example, the State of Wisconsin has been arresting protesters in the State Capitol since July 2013, after declaring the protests to be unlawful due to the protesters not obtaining a permit.
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.
- 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
- Japan - Article 21
- Macau Basic Law Article 27
- 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
- Jeremy McBride, Freedom of Association, in The Essentials of... Human Rights, Hodder Arnold, London, 2005, pg.18-20
- Freedom Of Assembly
- "Constitution of Bangladesh: Chapter III". Prime Minister's Office. Retrieved 2 October 2011.
- "The Italian Constitution". The official website of the Presidency of the Italian Republic.
|Wikimedia Commons has media related to Freedom of assembly.|
- Guidelines on Freedom of Peaceful Assembly OSCE/ODIHR, 2007
- Guidelines on Freedom of Peaceful Assembly (2nd edition) Venice Commission and OSCE/ODIHR, 2010