Political Systems & Elections Codexery

Freedom of assembly

The right to peaceably assemble and collectively express ideas.

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Freedom of assembly is the right of people to gather peacefully in order to express, promote, pursue, or defend shared ideas. It is considered a human right, a political right, and a civil liberty. The term is sometimes used interchangeably with freedom of association, though a distinction can be made: freedom of assembly typically refers to gathering in public places, often for protests, while freedom of association is more commonly linked to labor rights and joining organizations. In the United States, the First Amendment to the Constitution is interpreted to cover both the right to assemble and the right to join an association.

This right is protected by several international human rights instruments, including Article 20 of the Universal Declaration of Human Rights, Article 21 of the International Covenant on Civil and Political Rights, Article 11 of the European Convention on Human Rights, and Article 15 of the American Convention on Human Rights. Many national and regional constitutions also guarantee freedom of assembly. Examples include the constitutions of Bangladesh (Articles 37 and 38), Brazil (Article 5), Canada (Section 2 of the Charter of Rights and Freedoms), France (Article 431-1 of the Nouveau Code Pénal), Germany (Article 8 of the Basic Law), Hungary (Article VIII(1) of the Fundamental Law), India (Article 19), Indonesia (Article 28E(3)), Ireland (Article 40.6.1°), Italy (Article 17), Japan (Article 21), Macau (Article 27 of the Basic Law), Malaysia (Article 10), Mexico (Article 9), the Netherlands (Articles 8 and 9), New Zealand (Section 16 of the Bill of Rights Act 1990), Norway (Section 101), Pakistan (Article 16 of the 1973 Constitution), the Philippines (Article III, Section 4), Poland (Article 57), Russia (Articles 30 and 31), South Africa (Article 17 of the Bill of Rights), Spain (Article 21 of the 1978 Constitution), Sweden (Chapter 2 of the Instrument of Government), Taiwan (Article 14), Turkey (Articles 33 and 34), the United Arab Emirates (Article 33), the United States (First Amendment), and Venezuela (Article 68).

Quick Facts

Related concept
Freedom of association
Common contexts
Right to protest, labor rights
Notable national constitutions
  • India
  • Canada
  • Germany
  • Japan
  • South Africa
  • United States

Facts from the source article.

Lore & Background

Freedom of assembly is included in several major human rights instruments, such as Article 20 of the Universal Declaration of Human Rights, Article 21 of the International Covenant on Civil and Political Rights, Article 11 of the European Convention on Human Rights, and Article 15 of the American Convention on Human Rights. Many national and regional constitutions also recognize this right, including those of Bangladesh, Brazil, Canada, France, Germany, Hungary, India, Indonesia, Ireland, Italy, Japan, Macau, Malaysia, Mexico, the Netherlands, New Zealand, Norway, Pakistan, the Philippines, Poland, Russia, South Africa, Spain, Sweden, Taiwan, Turkey, the UAE, the United States, and Venezuela.

Reader's Guide

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. The Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association.

This right is foundational to democratic participation and collective action, allowing individuals to gather peacefully to advocate for shared interests. Its inclusion in numerous international and national legal frameworks underscores its status as a fundamental civil liberty. The right is not absolute, as it may be subject to lawful restrictions, but its protection is a key indicator of a society's commitment to political freedom and human rights.

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Sources

Compiled from Wikipedia and the sources listed below. Text from Wikipedia is available under CC BY-SA 4.0; this entry is adapted from it.

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