Freedom of assembly

From Wikipedia, the free encyclopedia

Janitorial workers striking in front of the MTV building in Santa Monica, California. Striking in a trade union is a way of exercising freedom of assembly and freedom of association

Concepts
Freedom
Freedom · Liberty Negative liberty Positive liberty Rights
Freedom by area
Civil · Economic Intellectual · Political
Freedoms
Assembly Association Movement Press Religion Speech Information Thought

Freedom of assembly, sometimes used interchangeably 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 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 are interpreted to mean both the freedom to assemble and the freedom to join an association.^[2]

1 Human rights instruments
2 Constitutions
3 Notes
4 See also

[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:

United States - First Amendment to the Constitution of the United States
Germany - Art. 8 GG
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
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.

[edit] Notes

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

[edit] See also

Articles of the Universal Declaration of Human Rights

General principles

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

International Covenant on Civil and Political Rights

Article 1 and 2: Right to freedom from discrimination · Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel and 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 a 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

International Covenant on Economic, Social and Cultural Rights

Article 1 and 2: Right to freedom from discrimination · 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 and 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.

Category:Human rights · Human rights portal

v • d • e Particular human rights

Civil and political	Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression (freedom of information) · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life

Economic, social and cultural	Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property (and intellectual) · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to housing · Right to development · Right to health · Right to healthcare · Right to water · Right to food · Right of return

Reproductive	Family planning · Reproductive health · Abortion · Freedom from involuntary female genital cutting

War and conflict	Civilian · Combatant · Freedom from genocide · Prisoner of war

Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.