Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests. The right to freedom of association is recognized as human right, political freedom and a civil liberty.
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 Labor 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.
Freedom of Assembly in International Human Rights Law
In international human rights law the International Covenant on Civil and Political Rights recognizes the right to freedom of assembly as the right to assemble (Article 21) and the International Covenant on Economic, Social and Cultural Rights recognizes the right to freedom of association as the rights to join trade unions (Article 8) as recognized in the International Labor Organization Convention of 1948 concerning "Freedom of Association and Protection of the Right to Organize". Similarly, the American Convention on Human Rights recognizes 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."
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 recognizes the "The right of peaceful assembly, without arms" 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."
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