Freedom of assembly means the right of any persons to gather in groups to act in a coordinated and purposeful way. Freedom of association allows any person to join a group or organisation to pursue a common goal.
The right to peaceful assembly allows people to have a direct say on matters of public interest by expressing support for, or discontent with, certain proposals or states of affairs. This is particularly important with respect to such public matters where input from civil society is lacking, either due to an absence of a proper framework or the failure to implement it in practice. Moreover, the exercise of the right to peaceful assembly can also contribute to the recognition of other human rights and strengthen the rule of law. Read more about the freedom of assembly and association in this Guide.
What are the limitations to the freedom of association and the right to peaceful assembly?
Freedom of association and the right to peaceful assembly are not absolute and can be subject to restrictions. The European Convention on Human Rights provides three criteria to be met for such a restriction to be lawful:
- The restriction is provided by law: there is a provision in national law allowing such restriction
- The restriction is necessary in a democratic society:
- in the interests of national security or public safety
- for the prevention of disorder or crime
- for the protection of health or morals
- for the protection of the rights and freedoms of others
3. The restriction is proportionate (not more than necessary to achieve the aim pursued)