Freedom of association

Freedom of association covers three main aspects: the right of individuals to voluntarily join or leave groups, the right of those groups to take collective action for their members’ interests, and the right of an association to set its own criteria for accepting or turning away members. In essence, it is the right of people to come together to collectively express, promote, pursue, or defend shared interests. This right is both individual and collective, and it is protected by all modern democratic legal systems. Examples include the United States Bill of Rights, Article 11 of the European Convention on Human Rights, Section 2 of the Canadian Charter of Rights and Freedoms, and international law—such as Articles 20 and 23 of the Universal Declaration of Human Rights and Article 22 of the International Covenant on Civil and Political Rights.

Organized labor

The International Labour Organization’s Declaration on Fundamental Principles and Rights at Work also guarantees these protections. This right shows up in many forms: joining a trade union, speaking freely, participating in debate clubs, political parties, religious groups, fraternities, or sports clubs. It also means no one can be forced to belong to an association.

Freedom of association is closely tied to freedom of assembly, especially under the U.S. Bill of Rights. While freedom of assembly is often linked to political settings, the right to freedom of association can include the right to freedom of assembly. Courts and local officials may impose restrictions on these rights for convicted criminals as part of a legal stipulation. Rights to freedom of association and assembly can be waived in certain situations, such as after a guilty plea or conviction, under restraining orders, or during probationer search and seizure procedures.

History

Legal restrictions also apply in cases like the Civil Rights Act, which made private discrimination against certain protected classes illegal. Every democratic society has relied on the general freedom to associate with chosen groups and for those groups to act on their interests. Because this freedom recognizes sources of power and organization outside the government, it has been a primary target for repression in all dictatorial societies.

In the United Kingdom, all forms of "combination"—especially worker organizations—were banned and criminal until the Combination Act 1825. Even after that, it took the Companies Act 1856, the Trade Union Act 1871, and the Criminal Conspiracy and Protection of Property Act 1875 to make companies and trade unions generally lawful. In Germany, the Bismarck government passed the Sozialistengesetze (the "Socialist Acts") in 1878, repressing both trade unions and social democrat organizations. These laws stayed in force until 1890.

In 1933, Hitler’s fascist dictatorship banned trade unions again, nationalizing existing ones and merging them into a single government-controlled German Labor Front. After World War II, free trade unions were quickly restored in West Germany and guaranteed by the Basic Law. In the United States, state courts at various times classified trade unions as being in restraint of trade. The Clayton Act of 1914 gave unions general freedom to organize and act collectively for collective agreements, but further obstacles remained until the National Labor Relations Act of 1935 created a comprehensive labor code.

Canadian Charter of Rights and Freedoms

Freedom of association is enshrined in Article 20 of the Universal Declaration of Human Rights: - Everyone has the right to freedom of peaceful assembly and association. - No one may be compelled to belong to an association. Section 2 of the Charter, under "Fundamental Freedoms," states: - Everyone has the following fundamental freedoms: ... d) freedom of association. Under Canadian law, this freedom has three dimensions: the "constitutive" right to form associations, a "derivative" right to collectively invoke other constitutional rights, and the "purposive" right to bargain collectively to achieve equal footing with other groups.

South African Bill of Rights

Article 18 of the Italian Constitution establishes: - Citizens have the right to form associations freely and without authorization for ends not forbidden by criminal law. - Secret associations and those that, even indirectly, pursue political aims through military-style organizations are forbidden. Section 18 of the South African Constitution states: "Everyone has the right to freedom of association." Section 17 adds: "Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions," establishing freedom of assembly. Workers’ rights to form trade unions and bargain collectively are recognized separately in Section 23. The First Amendment identifies the rights to assemble and to petition the government, though its text does not make specific mention of freedom of association.