Public Assemblies between the UN System and the Comparative Jurisprudence

Abstract

This entry outlines the UN jurisprudence of the Human Rights Committee (HRC) on public peaceful assemblies. It compares the protection of the right (freedom of assembly) in the UN system with the protection provided on a supranational/regional level and the domestic (constitutional) level, relying on the landmark cases on each of the discussed themes. The entry aims at exploring the underlying values, scope, and limitations of the right to freedom of assembly in the UN system and the comparative jurisprudence. The underlying values of the right to freedom of assembly explain the rationale for the legal protection of the right. Moreover, the entry examines the scope of the right of freedom of assembly, in order to draw the boundaries of the right and define its content. The analysis of the limitations focuses on the advance notice requirement and permit system, limitations on the time, place or manner of the assembly, and restrictions associated with heckler’s veto or having a hostile crowd. The discussion on limitation assesses whether there are historical, societal, and demographic factors that can restrict the exercise of the right to freedom of assembly, or if different regions/States are equally subjected to the same normative principles. Finally, the entry sketches the challenges and normative reflections, regarding the right to freedom of assembly, in light of the Covid-19 pandemic in 2020.