Freedom of assembly

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"Sammankomsten" ("The Meeting"), oil painting by Ester Almqvist, original at the Swedish National Museum. The painting was chosen by the UN as a motif for a stamp commemorating the establishment of the Universal Declaration of Human Rights, paragraph 20: the Right of Assembly. Themeeting.jpg
"Sammankomsten" ("The Meeting"), oil painting by Ester Almqvist, original at the Swedish National Museum. The painting was chosen by the UN as a motif for a stamp commemorating the establishment of the Universal Declaration of Human Rights, paragraph 20: the Right of Assembly.
Janitorial workers striking in front of the MTV building in Santa Monica, California. Although striking in a trade union is a way of exercising freedom of assembly and freedom of association, other aspects of the conduct of the workers depicted here, such as pedestrian blocking of vehicle traffic in whichever direction has the right of way at this signal-controlled intersection, may violate local or state laws such as California Vehicle Code SS 21950(b). Janitor strike santa monica.jpg
Janitorial workers striking in front of the MTV building in Santa Monica, California. Although striking in a trade union is a way of exercising freedom of assembly and freedom of association, other aspects of the conduct of the workers depicted here, such as pedestrian blocking of vehicle traffic in whichever direction has the right of way at this signal-controlled intersection, may violate local or state laws such as California Vehicle Code § 21950(b).
Posted excerpt from the US Constitution, at an Occupy Oakland event, 2011 Occupy Oakland Nov 12 2011 PM 57.jpg
Posted excerpt from the US Constitution, at an Occupy Oakland event, 2011

Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. [2] The right to freedom of association is recognized as a human right, a political right and a civil liberty.

Contents

The terms freedom of assembly and freedom of association may be used to distinguish between the freedom to assemble in public places and the freedom to join 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. The Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association. [3]

Human rights instruments

Freedom of assembly is included in, among others, the following human rights instruments:

National and regional constitutions that recognize freedom of assembly include:

See also

Related Research Articles

Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.

Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 17, established in 2015, underscores the link between promoting human rights and sustaining peace.

A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered unconstitutional and invalid. Usually any constitution defines the structure, functions, powers, and limits of the national government and the individual freedoms, rights, and obligations which will be protected and enforced when needed by the national authorities. Nowadays, most countries have a written constitution comprising similar or distinct constitutional rights.

The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

<span class="mw-page-title-main">Political demonstration</span> Collective action by people in favor of a cause

A political demonstration is an action by a mass group or collection of groups of people in favor of a political or other cause or people partaking in a protest against a cause of concern; it often consists of walking in a mass march formation and either beginning with or meeting at a designated endpoint, or rally, in order to hear speakers. It is different from mass meeting.

<span class="mw-page-title-main">Right to food</span> Human right

The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.

<span class="mw-page-title-main">Constitution of Kosovo</span> Supreme law of the Republic of Kosovo

The Constitution of Kosovo is the supreme law of the Republic of Kosovo, a territory of unresolved political status. Article four of the constitution establishes the rules and separate powers of the three branches of the government. The unicameral Assembly of the Republic exercises the legislative power, the executive branch led by the President and the Prime Minister which are responsible for implementing laws and the judicial system headed by the Supreme Court.

The Church of Scientology Moscow v Russia [2007] ECHR 258 is a European Court of Human Rights case, concerning Article 11 of the convention. In the case the European Court of Human Rights in Strasbourg condemned Moscow City Government's refusal to consider the Church of Scientology of Moscow for registration as a religious organisation, and as a result found that Russia had violated the rights of the Church of Scientology under Articles 11 when "read in the light of Article 9". Specifically, the Court determined that, in denying consideration of registration to the Church of Scientology of Moscow, the Moscow authorities "did not act in good faith and neglected their duty of neutrality and impartiality vis-à-vis the applicant's religious community". The Court also awarded the Church €10,000 in respect of non-pecuniary damage and €15,000 for costs and expenses.

<span class="mw-page-title-main">Law of Bangladesh</span>

Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other names earlier. Though there were religious and political equipments and institutions from almost prehistoric era, Mughals first tried to recognise and establish them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.

<span class="mw-page-title-main">Constitution of Northern Cyprus</span> Fundamental law of the Turkish Republic of Northern Cyprus

The Constitution of the Turkish Republic of Northern Cyprus was prepared by the Constituent Assembly of Northern Cyprus after the declaration of independence on 15 November 1983, and was approved by the Turkish Cypriot electorate in a referendum on 5 May 1985 with a majority of 70.2% in favour. The constitution is similar to the 1975 Constitution of the Turkish Federated State of Cyprus, but had a number of new provisions regulating the needs of the new Republic. It has 164 articles and 13 transitional articles.

Human rights in Poland are enumerated in the second chapter of its Constitution, ratified in 1997. Poland is a party to several international agreements relevant to human rights, including the European Convention on Human Rights, the Universal Declaration of Human Rights, the Helsinki Accords, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child.

<span class="mw-page-title-main">Right to protest</span> Type of political freedom

The right to protest may be a manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech. Additionally, protest and restrictions on protest have lasted as long as governments have.

<span class="mw-page-title-main">Freedom of speech by country</span>

Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.

<span class="mw-page-title-main">Constitution of Tajikistan</span>

The Constitution of Tajikistan was adopted on 6 November 1994 and amended three times, on 26 September 1999, on 22 June 2003 and on 22 May 2016.

<span class="mw-page-title-main">2013 Azerbaijani presidential election</span> Presidential Elections held in 2013 in Azerbaijan, considered rigged

Presidential elections were held in Azerbaijan on 9 October 2013. The result was a victory for incumbent President Ilham Aliyev, who received a reported 85% of the vote, whilst leading opposition candidate Jamil Hasanli finished second with a reported 6% of the vote.

<span class="mw-page-title-main">Michael Georg Link</span> German politician

Michael Georg Link is a German politician of the Free Democratic Party (FDP) who has served a member of the Bundestag from 2005 to 2013 and again since 2017. In addition to his parliamentary mandate, he has been serving as the Coordinator of Transatlantic Cooperation at the Federal Foreign Office in the coalition government of Chancellor Olaf Scholz since 2022.

<span class="mw-page-title-main">Human rights in Sweden</span>

Human rights in Sweden are largely protected in the country's constitution and ratified international law. The three Constitutional acts concerning human rights are Chapter 2 of the Instrument of Government, Regeringsformen, the Freedom of the Press Act, Tryckfrihetsförordningen (1949) and Fundamental Law on Freedom of Expression, Yttrandefrihetsgrundlagen (1991). Additionally, the European Convention on Human Rights has been incorporated into Swedish domestic law since 1995.

The fundamental rights of the people of Bangladesh have been guaranteed in Part III of the constitution of Bangladesh. All past laws inconsistent with these rights are made void by the Constitution, and it directs the State not to make any law inconsistent with these rights. Article 44 of the constitution guarantees the right of every citizen to move the High Court Division in accordance with clause (1) of Article 102 for the enforcement of any of the fundamental rights conferred by Part III of the Constitution. The jurisdiction of the High Court Division of the Supreme Court to enforce the fundamental rights is defined in Article 102 of Part Vl of the Constitution of 1972.

The Declaration on the Rights of Peasants is an UNGA resolution on human rights with "universal understanding", adopted by the United Nations in 2018. The resolution was passed by a vote of 121-8, with 54 members abstaining.

References

  1. California Vehicle Code § 21950(b): "No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk."
  2. Jeremy McBride, Freedom of Association, in The Essentials of... Human Rights, Hodder Arnold, London, 2005, pp. 18–20
  3. See: NAACP v. Claiborne Hardware Co., 458 U.S. 898 (1982); Healey v. James, 408 U.S. 169 (1972); Brotherhood of Railroad Trainmen v. Virginia, 377 U.S. 1 (1964); United Mine Workers v. Illinois State Bar Assn., 389 U.S. 217 (1967).
  4. "Constitution of Bangladesh: Chapter III". Prime Minister's Office. Archived from the original on 24 May 2013. Retrieved 2 October 2011.
  5. Citizensinformation.ie. "Fundamental Rights under the Irish Constitution". www.citizensinformation.ie. Retrieved 2018-03-03.
  6. "Constitution of Ireland". Irish Statute Book . Retrieved 2018-03-03.
  7. "The Italian Constitution" (PDF). The official website of the Presidency of the Italian Republic. Archived from the original on 2016-11-27.
  8. "Constitution of Russia: Article 30". Adopted at National Voting on December 12, 1993.
  9. Riksdagsförvaltningen. "Kungörelse (1974:152) om beslutad ny regeringsform Svensk författningssamling 1974:1974:152 t.o.m. SFS 2018:1903 - Riksdagen". www.riksdagen.se (in Swedish). Retrieved 2020-04-13.
  10. Situación de la criminalización y represión en Venezuela- 2018 (PDF) (in Spanish). Caracas, Venezuela: Observatorio Venezolano de Conflictividad Social (published February 2019). 17 December 2023. Archived (PDF) from the original on 26 October 2020.