Freedom of assembly

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Freedom of assembly, sometimes used interchangably with the freedom of association, is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests.^[1] The right to freedom of association in recognised as human right, 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 labour 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 are interpretated to mean both the freedom to assemble and the freedom to join an association.[1]

See: Freedom of association wikiarticle, which covers the right in a United States context.

1 Freedom of Assembly in International Human Rights Law
2 Human Rights Instruments
3 Constitutions
4 Notes
5 See also

[edit] Freedom of Assembly in International Human Rights Law

In international human rights law the International Covenant on Civil and Political Rights recognises the right to freedom of assembly as the right to assemble (Article 21) and the International Covenant on Economic, Social and Cultural Rights recognises the right to freedom of association as the rights to join trade unions (Article 8) as recognised in the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize. Similarly, the American Convention on Human Rights recognises the right to freedom of Assembly in the context of assembeling, and the freedom of association in the context of associating, but extends the context from trade unions to "the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes." (Article 16)

Freedom of assembly is closely linked to the right to freedom of speech. Like freedom of speech, freedom of assembly is subject to limitations, for example the American Convention on Human Rights recognises the "The right of peaceful assembly, without arms" (Article 15) and the International Covenant on Civil and Political Rights states that "No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others." (Article 21)

[edit] 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 of Human Rights - Article 11
American Convention on Human Rights - Article 15

[edit] Constitutions

Examples of the national constitutions recognising the freedom of assembly are:

Canada - Canadian Charter of Rights and Freedoms which is Part I of the Constitution of Canada
France - article 431-1 of the Nouveau Code Pénal
Hong Kong - Basic Law Section 27
Article 27 of the Constitution of the Islamic Republic of Iran
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.
United States - First Amendment to the Constitution of the United States

[edit] Notes

^ Jeremy McBride, Freedom of Association, in The Essentials of... Human Rights, Hodder Arnold, London, 2005, pg.18-20

[edit] See also

v • d • e Articles of the Universal Declaration of Human Rights

General Principles	Article 1: Freedom, Egalitarianism, Dignity, and Brotherhood · Article 2: Universality of rights

Civil and Political Rights. Treaty: International Covenant on Civil and Political Rights	Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel, unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention, and exile · Article 10: Right to fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to Privacy · Article 13 Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience, and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage

Social, Cultural and Economic Rights. Treaty: International Covenant on Economic, Social and Cultural Rights	Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest & leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property

Context, limitations and duties	Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Human Rights Category · Human Rights Portal

v • d • e Human rights

Concepts & Philosophies

Inalienable rights · Fiduciary law · Freedoms · Natural rights · Negative rights · State sovereignty · Universality · Universal jurisdiction

Organisations

International human rights bodies	Committee on the Rights of the Child · International Committee of the Red Cross · International Criminal Court · Human Rights Commission · Human Rights Committee · Human Rights Council · UN Security Council

Regional human rights bodies	African Commission on Human and Peoples' Rights · African Court on Human and Peoples' Rights · African Court of Justice · European Court of Human Rights · European Committee for the Prevention of Torture · Inter-American Commission on Human Rights · Inter-American Court of Human Rights

Multi-lateral bodies involved in human rights	European Union · Council of Europe · Organisation of American States · UNHCR · UNOCHA · International Labour Organization · WHO · UNESCO · UNAIDS · UNDESA · CSW · UNFPA · UNICEF · UNIFEM · UNDP · FAO · UN-HABITAT

Major NGOs	Amnesty International · Human Rights Watch

Legal instruments

Declarations	Cairo Declaration of Human Rights · Declaration on the Rights of Indigenous Peoples · Universal Declaration of Human Rights · American Declaration of the Rights and Duties of Man · Paris Principles

International human rights law	Convention Against Torture · Convention on the Elimination of All Forms of Discrimination Against Women · Convention on the Elimination of All Forms of Racial Discrimination · Convention on the Rights of Persons with Disabilities · Convention on the Rights of the Child · International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families · International Convention on the Suppression and Punishment of the Crime of Apartheid · International Convention for the Protection of All Persons from Enforced Disappearance · International Covenant on Civil and Political Rights · International Covenant on Economic, Social and Cultural Rights

Regional human rights law	African Charter on Human and Peoples' Rights · American Convention on Human Rights · European Convention on Human Rights · European Convention on Torture · European Social Charter · Inter-American Convention on Forced Disappearance of Persons · Inter-American Convention to Prevent and Punish Torture · Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women · Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities

International humanitarian law	Convention on the Prevention and Punishment of the Crime of Genocide · Convention Relating to the Status of Refugees · Protocol Relating to the Status of Refugees · Geneva Conventions · Hague Conventions · Rome Statute of the International Criminal Court

Concepts that may be considered as human rights

Civil & Political rights	Right to life · Right to die · Right to bear arms · Right to liberty · Right to security of person · Freedom of movement · Freedom from slavery · Freedom from torture · Freedom from cruel and unusual punishment · Right to personhood · Right to equality before the law · Right to effective remedy before the law · Freedom from arbitrary arrest and detention · Freedom from exile · Right to a fair trial · Right to presumption of innocence · Right to Privacy · Right of asylum · Right to a nationality · Freedom of thought and conscience · Freedom of religion · Freedom of expression · Freedom of assembly · Freedom of association · Right to suffrage · Right to marriage and family life · Right to protest

Economic & Social rights	Labor rights · Right to just remuneration · Right to equal pay for equal work · Right to join a trade union · Right to social security · Right to rest & leisure · Right to work · Right to property · Right to intellectual property · Right to participate in culture · Right to education · Freedom of education · Right to an adequate standard of living · Right to healthcare · Right to water · Right to food

Reproductive rights	Family planning · Reproductive health · Right to legal abortion · Right to genital integrity · Freedom from involuntary female genital cutting

Rights of war	Rights of civilians · Rights of prisoners of war

Categories: Human rights | WikiProject Human rights articles

Freedom of assembly

From Wikipedia, the free encyclopedia

Contents

[edit] Freedom of Assembly in International Human Rights Law

[edit] Human Rights Instruments

[edit] Constitutions

[edit] Notes

[edit] See also

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