Freedom of Association versus Freedom of Assembly

Gabriela Nemtoi ()
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Gabriela Nemtoi: Associate Prof. PhD, “Ștefan cel Mare†University of Suceava, Faculty of Law and Administrative Sciences,

European Journal of Law and Public Administration, 2022, vol. 9, issue 1, 01-12

Abstract: Freedom of assembly occupies an “eminent place†in the system of international acts aimed at the protection of human rights. In this sense, we mention that freedom of association and freedom of assembly are instruments of expression, of collective opinion and as such, due to their role in the existence and development of a democratic society, they assign a central place in establishing the democratic framework of state governance. Freedom of association and freedom of assembly outline the essence of democracy which resides in its ability to resolve issues through public debate. The protection of freedom of assembly targets precisely this exchange of ideas and the collective manifestations of social and political activity. Freedom of assembly covers both private and public assemblies. In this sense, states have a positive obligation to protect those who exercise this freedom against the violence of counter-demonstrators. For this purpose, the states have a wide margin of appreciation of the necessary measures.

Keywords: freedom of assembly; freedom of association; human rights; right to peaceful assembly; right to join an association (search for similar items in EconPapers)
JEL-codes: K10 K12 K15 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:lum:ejlpa1:v:9:y:2022:i:1:p:01-12

DOI: 10.18662/eljpa/9.1/165

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