Article 20: Right to freedom of assembly and association
Everyone has the right to freedom of peaceful assembly and association.
No one may be compelled to belong to an association.
Definitions of the right to freedom of assembly and association
The right to freedom of
association and assembly is enshrined in
Article 20 of the Universal Declaration of Human Rights.
The right is enshrined in Articles 21 and 22 of the International Covenant on Civil and Political Rights:
Article 21
The right of peaceful assembly shall be recognized. 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 (ordre public), the
protection of public health or morals or the protection of the rights and
freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of his
interests.
2. No restrictions may be placed on the exercise of this right other than those
which are prescribed by law and which are necessary in a democratic society in
the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the
rights and freedoms of others. This article shall not prevent the imposition of
lawful restrictions on members of the armed forces and of the police in their
exercise of this right.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of Association and
Protection of the Right to Organize to take legislative measures which would
prejudice, or to apply the law in such a manner as to prejudice, the guarantees
provided for in that Convention.
The Convention on the Rights of the Child contains this right in Article 15:
1. States Parties recognize the
rights of the child to freedom of association and to freedom of peaceful
assembly.
2. No restrictions may be placed on the exercise of these rights 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 (ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others.
The right is also contained in Articles 10 and 11 of the African Charter on Human and Peoples' Rights:
Article 10
1. Every individual shall have the right to free association provided that he
abides by the law.
2. Subject to the obligation of solidarity provided for in 29 no one may be
compelled to join an association.
Article 11
Every individual shall have the right to assemble freely with others. The
exercise of this right shall be subject only to necessary restrictions provided
for by law in particular those enacted in the interest of national security,
the safety, health, ethics and rights and freedoms of others.