RESTRICTIONS ON FREEDOM OF PEACEFUL ASSEMBLY AT THE TIME OF THE COVID-19 PANDEMIC

Abstract

The freedom of peaceful assembly is not an absolute human right. International documents provide restrictions that may be invoked in specific circumstances by States Parties, which are obliged to bring their national legislation into line with international standards. In the period of the global COVID-19 pandemic, restrictions on freedom of assembly have been a rule rather than an exception in many countries worldwide. Some countries have managed to strike a balance between the freedom of assembly and the need to protect human health. Other states have been blamed for undue interference with the freedom of peaceful assembly, which ultimately resulted in proceedings in front of domestic and international courts. In this paper, the authors underscore the need to maintain a balance between the freedom of peaceful assembly and the duty of the state to protect public health. To this effect, the authors indicate some novelties in decision-making processes at the international level and analyze the recent case law of the European Court of Human Rights (ECtHR) on this subject matter. On the basis of the presented considerations, the authors ultimately draw conclusions on whether this balance has been achieved in the circumstances of the COVID-19 pandemic. Keywords: freedom of peaceful assembly, COVID-19 pandemic, international documents, human rights.