Freedom of assembly
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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.1 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, while freedom of association is used in the context of labor rights and the right to collective bargaining, for example by joining a trade union. Freedom of assembly, as guaranteed in the Canadian Constitution and the Constitution of the United States, is interpreted to mean both the freedom to assemble and the freedom to join an association.2
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Human rights instruments
The freedom of assembly is enshrined 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 recognising the freedom of assembly are:
- United States - First Amendment to the Constitution of the United States
- Germany - Art. 8 GG
- 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
- Hong Kong Basic Law Section 27
- Macau Basic Law Article 27
- India- Fundamental Rights in India
- Republic of Ireland - Guaranteed by Article 40.6.1 of the Constitution of Ireland
- 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.
See also
References
- ^ Jeremy McBride, Freedom of Association, in The Essentials of... Human Rights, Hodder Arnold, London, 2005, pg.18-20
- ^ Freedom Of Assembly