How might this right be relevant to my life?
The right to freedom of assembly and association protects your right to organise and take part in peaceful meetings, marches and demonstrations. It protects your right to be part of ‘associations’ such as clubs, societies, political parties, religious organisations and trade unions. It also means nobody can force you to join one of these types of groups. The right to freedom of assembly and association is about promoting democracy.
Some examples of when your right to freedom of assembly and association might be at risk include:
- Peaceful demonstrations being disproportionately restricted by police.
- Lack of support or protection from public services in organising peaceful protests when prior notice has been given.
- Being treated unfairly by a public authority for being a member of a trade union – the right to be free from discrimination (Article 14) would also be relevant here.
Can my right to freedom of freedom of assembly and association be restricted by a public official?
Yes. This is a non-absolute right which means it can be limited or restricted in certain circumstances. It has to be balanced against the rights of others and needs of society.
If a public official is deciding to restrict your right to freedom of assembly and association, they must go through a test. They must be able to show that their decision is:
Lawful:
There is a law which allows public officials to take that action or decision.
Legitimate:
There is a good reason (for example public safety or protecting the rights of other people, including your family members or staff).
Proportionate:
They have thought about other things they could do, but there is no other way to protect you or other people. It is the least restrictive option.
You can ask the public official about their decision or action and ask them to tell you how it was lawful, legitimate and proportionate.
If you can think of a way to deal with this situation or decision that is less restrictive to you then you can raise it with the public official as the decision may not be proportionate.
What duties do public officials have?
To respect your right:
This means public authorities should take ‘reasonable and appropriate’ measures to promote our right to freedom of assembly and association, and protect those taking part in meeting from harm from others.
To protect your right:
This means that people working in public bodies should take 'reasonable and appropriate' action to ensure that your right to freedom of assembly and association is protected.
To fulfil your right:
This means that when decisions are made about you right to freedom of assembly and association you must be treated fairly. When things go wrong they should be investigated and steps should be taken to try and stop the same thing happening again.
Related information
Experience-Informed Research
Our policy work is underpinned by people’s lived experience. One of the ways we do this is through experience-informed research on key areas the impact people's lives.
Experience-Informed Research
Our policy work is underpinned by people’s lived experience. One of the ways we do this is through experience-informed research on key areas the impact people's lives.
