Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their ideas. The right to freedom of association is recognized as a human right, a political right and a civil liberty.
The terms freedom of assembly and freedom of association may be used to distinguish between the freedom to assemble in public places and the freedom to join 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 in the Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association.
The United States Constitution explicitly provides for 'the right of the people peaceably to assemble, and to petition the Government for a redress of grievances' in the First Amendment.
The freedom of assembly is written about in the following human rights instruments:
Universal Declaration of Human Rights – Article 20
International Covenant on Civil and Political Rights – Article 21
European Convention on Human Rights – Article 11
American Convention on Human Rights – Article 15
Examples of the national and regional constitutions recognizing the freedom of assembly are:
Bangladesh – Articles 37 and 38 of the Constitution of Bangladesh guarantee the freedom of association and assembly.
Brazil – Article 5
Canada – S. 2 of the Canadian Charter of Rights and Freedoms which forms part of the Constitution Act, 1982
France – Article 431-1 of the Nouveau Code Pènal
Germany – Article 8 GG (Grundgesetz, Basic Law)
Hong Kong Basic Law Section 27
Hungary – Article VIII (1) of the Fundamental Law
India – Fundamental Rights in India
Italy – Article 17 of the Constitution
Japan – Article 21
Macau Basic Law Article 27
Constitution of the Philippines Article III, Section 4
Republic of Ireland – Guaranteed by Article 40.6.1 of the Constitution of Ireland
South Africa Bill of Rights – Article 17
Spain – Article 21 of the Spanish Constitution of 1978
Turkey – Articles 33 and 34 of the Constitution of Turkey guarantee the freedom of association and assembly.
Taiwan (Republic of China) – Article 14 guarantees freedom of assembly and association.
United States – First Amendment to the Constitution of the United States
Malaysia – Article 10 of the Constitution of Malaysia
New Zealand – section 16 New Zealand Bill of Rights Act 1990
Russia – Articles 30 and 31 of the Constitution of Russia guarantee the freedom of association and peaceful assembly.
