La garantie et la protection de la liberté de manifester pendant la période de la crise sanitaire Covid-19 en République Démocratique du Congo

Abstract

The right to demonstrate peacefully is a fundamental human right, which is essential for the public expression of individual views and opinions and indispensable in a democratic society. It is, through the prism of the freedom of assembly, the object of a global consecration and is opposable to all the States in that, the meetings are also a means of concretizing other social, economic, political rights, civil and cultural, which means that they play a fundamental role in the protection and promotion of a wide range of human rights. And even the right to health, too, is closely linked to other human rights and depends on their realization. The exercise of this right must be done in accordance with both national and international legislation on the matter. While not being absolute, the freedom to demonstrate may be limited when state interference is provided for by law, necessary in a democratic society and pursues a legitimate aim, in particular the protection of health as is the case. case with COVID 19. Even in this case, the State is then required to demonstrate compliance with these cumulative conditions listed above to justify any intervention in the exercise of the freedom of demonstration. It is bound by its international obligations to respect, protect and ensure that the exercise of the freedom to demonstrate is carried out without hesitation. States are required to implement, in a fairly general manner, the appropriate measures to guarantee the effective enjoyment of the freedom of demonstration.