This module consists of three parts. It provides an overview of the international human rights standards protecting the right to freedom of peaceful assembly. We will walk you through what constitutes an assembly under international law, the types of assemblies that exist, the states’ obligations in regard to peaceful assemblies and the principles guiding restrictions on assemblies. You will also have a chance to reflect on these standards in a practical exercise which we call “stand your ground”.
In Module 2, you will:
- Identify what constitutes an assembly under international law and understand how to determine its peaceful nature
- Recall the international human rights standards protecting the right to freedom of peaceful assembly and understand the interlinkages with other human rights
- Acknowledge that only peaceful assemblies are protected under international law
- Understand states’ positive and negative obligations in relation to the right to freedom of peaceful assembly
- Recognize the difference between unlawful and violent assemblies
- Remember the key principles that should guide states when regulating the right to freedom of peaceful assembly
- Recall the circumstances under which the right to freedom of peaceful assembly can be restricted and the legitimate grounds for restrictions
- Recognize some of the aspects to consider when assessing the human rights compliance of law enforcement actions during an assembly
What constitutes an assembly?
International standards and state obligations
Meet the trainer:
Main takeaways:
- The crucial components of what constitutes an assembly are: intention, presence of a number of persons, public place and common expressive purpose.
- The right to freedom of peaceful assembly is protected in various international human rights instruments, and is interlinked with many other human rights.
- The state has a negative obligation not to interfere with the exercise of the right to freedom of peaceful assembly and a positive obligation to protect this right and facilitate assemblies. The duty to maintain public order during assemblies and protect participants is a central responsibility of the state.
- Only peaceful assemblies are protected under international law. To determine the peaceful nature of an assembly, the focus should be on the intent of the organizers, not the mere possibility of violence. The burden is on the relevant authorities to prove that organizers have violent intentions or are inciting to violence.
- There should always be a presumption that the intentions of organizers and participants are peaceful, unless there is convincing evidence of the intent to use or incite violence.
- Assemblies are a legitimate use of public space. They can take place outdoors, indoors, in private spaces, and in other non-traditional places.
- Assemblies can be planned and organized, unplanned and spontaneous, static or moving. Counter-demonstrations, simultaneous assemblies and spontaneous assemblies should also be facilitated and protected.
- An assembly may be unlawful if it doesn’t comply with the formal requirements for holding it under domestic legislation. However, not all unlawful assemblies are violent and unlawful assemblies that are peaceful are still protected under international law and should be facilitated.
Key standards, guiding principles and restrictions on assemblies
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Main takeaways:
Key standards and guiding principles pertaining to the right to peaceful assembly include: the presumption in favor of holding assemblies, the “sight and sound” principle, the principles of legality, proportionality and non-discrimination, and the principles of notification, good administration and legal remedies.
Freedom of peaceful assembly should, as far as possible, be enjoyed without regulation. People wishing to assemble should not be required to obtain prior permission to do so. A requirement of prior notification enables the state to better ensure facilitation of the event and protect participants’ rights as well as public order and safety, but should not turn into a de facto authorization procedure.
Assembly participants should be able to effectively convey their message within sight and sound of their target audience.
While restrictions on the right to freedom of peaceful assembly are possible, they can be imposed only under very limited circumstances. Restrictions must be in accordance with the law, pursue a legitimate aim, be necessary, proportionate and non-discriminatory.
Types of restrictions include restrictions on the time, place or manner of an assembly, on the content of the assembly, and bans and prohibitions on assemblies.
Legitimate grounds for restrictions are prescribed in international and regional human rights instruments and include public order, public safety, public health, the protection of morals, the protection of rights and freedoms of others, and national security. Such restrictions should not be supplemented by additional grounds in domestic legislation.
Exercise: Stand your ground
Meet the trainer:
Main takeaways:
When assessing the compliance of police actions with human rights, monitors should bear in mind that the behavior of law enforcement authorities can be influenced by a range of factors including the scale of the assembly and potential counter-demonstrations, the necessity and proportionality of police actions, the harm caused on participants (if any), the duration, location and spontaneous nature of the assembly and the method of dispersal and use of force (if any).
Before moving on to the quiz, we recommend you to review the main takeaways of this module, and to check the additional resources provided under the “Materials” tab above.
Recommended resources:
● OSCE/ODIHR, Handbook on Monitoring Freedom of Peaceful Assembly, Second Edition, “II.2. Definition and the scope of the protection”, “II.2. State obligations”, “II.3. Possible limitations on freedom of assembly” and “II.4. The role of the organizers”.
● OSCE/ODIHR and Council of Europe Venice Commission, Guidelines on Freedom of Peaceful Assembly, Second Edition. Section B, Explanatory Notes: “2. The Regulation of Freedom of Peaceful Assembly”, “3. Guiding Principles”, “4. Restrictions on Freedom of Assembly”, and “5. Procedural Issues”.
● OSCE/ODIHR Human Rights Handbook on Policing Assemblies, “Chapter 1. The right to freedom of peaceful assembly”.
● OHCHR (2021) Video on “The Right of Peaceful Assembly.”