Freedom of assembly

"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. Striking in a trade union is a way of exercising freedom of assembly and freedom of association.

Posted excerpt from the US Constitution, at an Occupy Oakland event, 2011

Freedom of 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 ideas.^[1] The right to freedom of association is recognized as a human right, a political right and a civil liberty.

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 and in the Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association.^[2]

The United States Constitution explicitly provides for 'the right of the people peaceably to assemble, and to petition the Government for a redress of grievances' in the First Amendment.

Human rights instruments

The freedom of assembly is written about 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 recognizing the freedom of assembly are:

Bangladesh – Articles 37 and 38 of the Constitution of Bangladesh guarantee the freedom of association and assembly.^[3]
Brazil – Article 5
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 Pènal
Germany – Article 8 GG (Grundgesetz, Basic Law)
Hong Kong Basic Law Section 27
Hungary – Article VIII (1) of the Fundamental Law
India – Fundamental Rights in India
Italy – Article 17 of the Constitution^[4]
Japan – Article 21
Macau Basic Law Article 27
Constitution of the Philippines Article III, Section 4
Republic of Ireland – Guaranteed by Article 40.6.1 of the Constitution of Ireland
South Africa Bill of Rights – Article 17
Spain – Article 21 of the Spanish Constitution of 1978
Turkey – Articles 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.
United States – First Amendment to the Constitution of the United States
Malaysia – Article 10 of the Constitution of Malaysia
New Zealand – section 16 New Zealand Bill of Rights Act 1990
Russia – Articles 30 and 31 of the Constitution of Russia guarantee the freedom of association and peaceful assembly.^[5]

References

↑ Jeremy McBride, Freedom of Association, in The Essentials of... Human Rights, Hodder Arnold, London, 2005, pp. 18–20
↑ 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).
↑ "Constitution of Bangladesh: Chapter III". Prime Minister's Office. Archived from the original on 24 May 2013. Retrieved 2 October 2011.
↑ "The Italian Constitution" (PDF). The official website of the Presidency of the Italian Republic. Archived from the original (PDF) on 2016-11-27.
↑ "Constitution of Russia: Article 30". Adopted at National Voting on December 12, 1993.

External links

Wikimedia Commons has media related to Freedom of assembly.

Guidelines on Freedom of Peaceful Assembly OSCE/ODIHR, 2007
- Guidelines on Freedom of Peaceful Assembly (2nd edition) Venice Commission and OSCE/ODIHR, 2010

Liberty
Concepts	Positive liberty Negative liberty Cognitive liberty Social liberty Rights Free will Moral responsibility Goddess of Liberty
By type	Academic Civil Economic Intellectual Morphological Political
By right	Assembly Association Choice Education Information Movement Press Religion Public speech Thought

Substantive human rights
Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.
Civil and political	Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Freedom from cruel and unusual punishment Freedom from discrimination Freedom from exile Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid Liberty LGBT rights Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right of self-defense Security of person Universal suffrage
Economic, social and cultural	Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to housing Right to Internet access Right to property Right to public participation Right of reply Right of return Right to science and culture Right to social security Right to water Right to work Trade union membership
Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Reproductive health Right to sexuality
Violations	Corporal punishment
War and conflict	Civilian Combatant Freedom from genocide Prisoner of war War rape

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Freedom of assembly

Human rights instruments

See also

References

External links