Freedom of assembly, sometimes used interchangeably with the freedom of association Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests. The right to freedom of association has been included in a number of national constitutions and human rights instruments, including the US constitution and the European Convention on Human, is the individual right Group rights are rights held by a group rather than by its members separately, or rights held only by individuals within the specified group; in contrast, individual rights are rights held by individual people regardless of their group membership or lack thereof. Group rights have historically been used both to infringe upon and to facilitate 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 Human rights are "rights and freedoms to which all humans are entitled." Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human, a political freedom The opposite of a free society is a totalitarian state, which highly restricts political freedom in order to regulate almost every aspect of behavior. In this sense ‘freedom’ refers solely to the relation of humans to other humans, and the only infringement on it is coercion by humans and a civil liberty Civil liberties are rights and freedoms that protect an individual from the state. Civil liberties set limits on government so that its members cannot abuse their power and interfere unduly with the lives of private citizens.
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 The right to protest is a perceived human right arising out of a number of recognized human rights. The right to freedom of assembly can include the right to protest. No human rights instrument or national constitution grants the absolute right to protest. However, protest may be a manifestation of the right to freedom of assembly, the right to, 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 The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly on December 10, 1948 at the Palais de Chaillot in Paris. The Declaration has been translated into at least 375 languages and dialects, making it the most widely translated document in the world. The Declaration arose directly from the - Article 20
- International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of - Article 21
- European Convention on Human Rights The European Convention on Human Rights (long title: Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe - Article 11 Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society"
- American Convention on Human Rights The American Convention on Human Rights is an international human rights instrument. It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 1969. It came into force after the eleventh instrument of ratification (that of Grenada) was deposited on 18 July 1978 - Article 15
Constitutions
Examples of the national constitutions recognising the freedom of assembly are:
- United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language - First Amendment The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble to the Constitution of the United States The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the
- Germany A region named Germania, inhabited by several Germanic peoples, has been known and documented before AD 100. Beginning in the 10th century, German territories formed a central part of the Holy Roman Empire, which lasted until 1806. During the 16th century, northern Germany became the centre of the Protestant Reformation. As a modern nation-state, - Art. 8 GG
- Canada The land occupied by Canada was inhabited for millennia by various groups of Aboriginal peoples. Beginning in the late 15th century, British and French expeditions explored, and later settled, along the Atlantic coast. France ceded nearly all of its colonies in North America in 1763 after the Seven Years' War. In 1867, with the union of three - S. 2 of the Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all levels of government. It is designed to which forms part of the Constitution Act, 1982 The Constitution Act, 1982 (Schedule B of the Canada Act 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867
- France France is a founding member state of the European Union and is the largest one by area. France has been a major power for several centuries with strong cultural, economic, military and political influence in Europe and in the world. During the 17th and 18th centuries, France colonised great parts of North America; during the 19th and early 20th - article 431-1 of the Nouveau Code Pénal
- Hong Kong Hong Kong[note 3] is one of two special administrative regions (SAR) of the People's Republic of China; the other is Macau. Situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour. With a land mass of 1,104 km2 (426 sq mi) and a population of seven - Basic Law Section 27
- India Home to the ancient Indus Valley Civilisation and a region of historic trade routes and vast empires, the Indian subcontinent was identified with its commercial and cultural wealth for much of its long history. Four major religions, Hinduism, Buddhism, Jainism and Sikhism originated here, while Zoroastrianism, Judaism, Christianity and Islam- Fundamental Rights in India Part III - Fundamental Rights is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom
- Republic of Ireland Ireland (pronounced /ˈaɪərlənd/ , locally [ˈaɾlənd], Irish: Éire, pronounced [ˈeːɾʲə] ( listen)), described as the Republic of Ireland (Irish: Poblacht na hÉireann), is a country in north-western Europe. The modern sovereign state occupies about five-sixths of the island of Ireland, which was partitioned into two jurisdictions in 1921 - Guaranteed by Article 40.6.1 of the Constitution of Ireland The Constitution of Ireland is the second constitution of independent Ireland and replaced the Free State Constitution of 1922. It came into force on 29 December 1937 after having been passed by a national plebiscite on 1 July 1937
- Turkey Turkey , known officially as the Republic of Turkey ( Türkiye Cumhuriyeti (help·info)), is a Eurasian country that stretches across the Anatolian peninsula in western Asia and Thrace (Rumelia) in the Balkan region of southeastern Europe. Turkey is one of the six independent Turkic states. Turkey is bordered by eight countries: Bulgaria to the - article 33 and 34 of the Constitution of Turkey The current Constitution of Turkey, ratified on November 7th 1982, establishes the organization of the government of the Republic of Turkey and sets out the principles and rules of the state's conduct along with its responsibilities towards its citizens. The Constitution also establishes the rights and responsibilities of the latter while setting guarantee the freedom of association Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests. The right to freedom of association has been included in a number of national constitutions and human rights instruments, including the US constitution and the European Convention on Human and assembly.
- Taiwan Taiwan, also known as Formosa , is an island situated in East Asia in the Western Pacific Ocean and located off the southeastern coast of mainland China. It has comprised most (99%) of the territory of the Republic of China (ROC) since the 1950s. The term "Taiwan" has also become a commonly used alternative name both domestically and (Republic of China The Republic of China , commonly known as Taiwan, is a state in East Asia comprising the islands of Taiwan, Penghu, Kinmen, Matsu and other minor islands located off the east coast of mainland China. Neighbouring states include the People's Republic of China (PRC) to the west, Japan to the northeast, and the Philippines to the south) - Article 14 guarantees freedom of assembly and association.
See also
- Freedom of assembly in Russia Freedom of assembly in the Russian Federation is granted by Art. 31 of the Constitution adopted in 1993:
- Free speech zone Free speech zones are areas set aside in public places for political activists to exercise their right of free speech in the United States. The First Amendment to the United States Constitution states that "Congress shall make no law... abridging... the right of the people peaceably to assemble, and to petition the Government for a redress of
- Unlawful assembly Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot. In California, an unlawful assembly is also "whenever two or more persons
References
- ^ 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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