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

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 labour 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]

Freedom of Assembly in International Human Rights Law

In international human rights law the International Covenant on Civil and Political Rights recognises the right to freedom of assembly as the right to assemble (Article 21) and the International Covenant on Economic, Social and Cultural Rights recognises the right to freedom of association as the rights to join trade unions (Article 8) as recognised in the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize. Similarly, the American Convention on Human Rights recognises the right to freedom of Assembly in the context of assembling, and the freedom of association in the context of associating, but extends the context from trade unions to "the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes." (Article 16)

Freedom of assembly is closely linked to the right to freedom of speech. Like freedom of speech, freedom of assembly is subject to limitations, for example the American Convention on Human Rights recognises the "The right of peaceful assembly, without arms" (Article 15) and the International Covenant on Civil and Political Rights states that "No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others." (Article 21)

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

Constitutions

Examples of the national constitutions recognising the freedom of assembly are:

• 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
• 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.
• United States - First Amendment to the Constitution of the United States

Notes

See also

• Freedom of assembly in Russia
• Free speech zone

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