By. Kurt Alleyne
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| Foto Facebook Kurt Alleyne |
Everyone has the right to freedom of peaceful assembly. This is a right closely linked to the right to freedom of expression.
It provides a means for public expression and is one of the foundations of a democratic society.
The right applies to protest marches and demonstrations, press conferences, public and private meetings, counter-demonstrations, ‘sit-ins’, motionless protests etc.
The right only applies to peaceful gatherings and does not protect intentionally violent protest.
There may be interference with the right to protest if the authorities prevent a demonstration from going ahead; halt a demonstration; take steps in advance of a demonstration in order to disrupt it; and store personal information on people because of their involvement in a demonstration.
The right to peaceful assembly cannot be interfered with merely because there is disagreement with the views of the protesters or because it is likely to be inconvenient and cause a nuisance or there might be tension and heated exchange between opposing groups.
There is a positive obligation on the State to take reasonable steps to facilitate the right to freedom of assembly, and to protect participants in peaceful demonstrations from disruption by others.
Freedom of association
Everyone
has the right to freedom of association with others. This includes the
right to form and to join trade unions and to join with others to
pursue or advance common causes and interests. It also includes the
right to formally join or create associations.
Necessarily included in the right of association is the freedom not to associate with others. There is no right for any individual to join a particular association if other members of the group decide not to include them or to expel them on the basis that their membership was not compatible with the aims and interests of the association. However, in relation to trade unions, if a decision not to include a person has adverse employment consequences, any such decision must not be unreasonable or arbitrary.
Freedom of association also protects the right to refuse to join an association. This does not include professional regulatory bodies set up by the State to regulate professions, as these are not considered to fall within the definition of an ‘association’.
Limitations
Article 11 is a qualified right and as such the right to protest and the freedom of association may be limited so long as the limitation:
The requirement to give notice of plans to stage an assembly in advance will not necessarily breach the right to protest as long as notification doesn’t become a hidden obstacle to exercising freedom of assembly.
Article 11(2) also states that this right will not prevent lawful restrictions being placed on the exercise of these rights by members of the armed forces, the police or the administration of the State. However, this has been narrowly interpreted to require convincing and compelling reasons for any such restrictions to be valid.
The right applies to protest marches and demonstrations, press conferences, public and private meetings, counter-demonstrations, ‘sit-ins’, motionless protests etc.
The right only applies to peaceful gatherings and does not protect intentionally violent protest.
There may be interference with the right to protest if the authorities prevent a demonstration from going ahead; halt a demonstration; take steps in advance of a demonstration in order to disrupt it; and store personal information on people because of their involvement in a demonstration.
The right to peaceful assembly cannot be interfered with merely because there is disagreement with the views of the protesters or because it is likely to be inconvenient and cause a nuisance or there might be tension and heated exchange between opposing groups.
There is a positive obligation on the State to take reasonable steps to facilitate the right to freedom of assembly, and to protect participants in peaceful demonstrations from disruption by others.
Freedom of association
Everyone
has the right to freedom of association with others. This includes the
right to form and to join trade unions and to join with others to
pursue or advance common causes and interests. It also includes the
right to formally join or create associations.Necessarily included in the right of association is the freedom not to associate with others. There is no right for any individual to join a particular association if other members of the group decide not to include them or to expel them on the basis that their membership was not compatible with the aims and interests of the association. However, in relation to trade unions, if a decision not to include a person has adverse employment consequences, any such decision must not be unreasonable or arbitrary.
Freedom of association also protects the right to refuse to join an association. This does not include professional regulatory bodies set up by the State to regulate professions, as these are not considered to fall within the definition of an ‘association’.
Limitations
Article 11 is a qualified right and as such the right to protest and the freedom of association may be limited so long as the limitation:
- is prescribed by law;
- is necessary and proportionate; and
- pursues a legitimate aim, namely:
- the interests of national security or public safety;
- the prevention of disorder or crime;
- the protection of health or morals; or
- the protection of the rights and freedoms of others.
The requirement to give notice of plans to stage an assembly in advance will not necessarily breach the right to protest as long as notification doesn’t become a hidden obstacle to exercising freedom of assembly.
Article 11(2) also states that this right will not prevent lawful restrictions being placed on the exercise of these rights by members of the armed forces, the police or the administration of the State. However, this has been narrowly interpreted to require convincing and compelling reasons for any such restrictions to be valid.
*****The author is Sekhertaris Human Rights Commission International ***
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