Freedom Of Assembly Research Articles

Nationalism and human rights: A replication and extension.

A recent article has found nationalism to be negatively associated with government respect for several human rights. In this article, I replicate the original study’s findings, I demonstrate that these findings are robust to an alternate model specification, and I then extend the analysis to additional human rights not examined by the original author. Ultimately, I find that in comparison to when the chief executive is not nationalist, when the chief executive is highly nationalist, that state is less likely to be associated with high government respect for six ‘empowerment’ rights (i.e. the freedoms of assembly and association, electoral self-determination, speech, foreign movement, religion, and worker’s rights), and more likely to be associated with low government respect for these six empowerment rights. This study suggests that nationalism’s influence on human rights is greater than previous thought.

Closed Circuit Television Systems on University Campuses: Unexamined Implications for the Expectation of Privacy and Academic Freedom

Since 9/11 and particularly since the massacre at Virginia Tech University in 2007, many universities in the United States have begun installation of Closed Circuit Television (CCTV) systems on their campuses. What sorts of claims are being made about the use of these systems and what justifications are there for installing them? How might the pervasive use of monitoring technology affect traditional values associated with university life such as freedom of speech, freedom of assembly, privacy, and the freedom to explore? What policies are in place to ensure that whatever benefits associated with these systems justify both tangible and intangible costs?Our analysis is partially derived from a study of university policies in the United States concerning the installation and operation of CCTV systems with the aim of gaining insight into these questions. In addition, we used a coding instrument for analyzing the corpus of policies in order to understand how the policies addressed such issues as: rationale or justification for CCTV usage, relevant personnel roles, public awareness, accountability measures, information security and data handling, routine operations of usage, and any relevant limiting measures. One aspect of our study is to interpret the corpus of policies through the lens of Nissenbaum’s contextual integrity framework which is concerned with examining the effects of new technological practices (such as the installation of CCTV systems) on one’s expectation of privacy.

Moving assemblies: Socio-political mobilization in Angola’s collective transport

ABSTRACTThe authoritarian regime in Angola seeks to control every dimension of life in the country interfering with a set of fundamental rights such as the freedom of assembly, of movement and of expression. However, by their very fluid nature, by the inherent massing and anonymity, the contexts of mobility not only offer a set of social interactions rarely allowed in the current political panorama, but also provide an escape to effective surveillance and monitoring from authorities. Furthermore, the multidirectional encounters that mobility enacts — with people, situations, events, spatial mnemonics — create the conditions for the acknowledgement of an individual and collective plight. The absence of a likely public space for the discussion of certain compelling issues transforms the contexts of mobility into ephemeral moving assemblies, into unconventional sites of resistance where a sociopolitical culture is hatching. Collective transport's ambiguous anthropological qualities configure a highly productive ethnographic setting for the surreptitious researcher and an inescapable context if one is to assess Angola’s current reality. By depicting the social life of Angola’s public transport I will unveil the several mechanisms and possibilities behind these moving assemblies examining how mobility and sociopolitical mobilization intertwine.

On the creation of the UK’s ‘hostile environment’

The indictment presented to the Permanent Peoples’ Tribunal London Hearing in November 2018 on violations of the human rights of migrant and refugee peoples. It concentrates on the ways in which a ‘hostile environment’ has been created in the UK removing rights, enshrined in EU and international laws and conventions, to housing, health, livelihood, liberty, freedom of assembly, family and private life, freedom from inhuman and degrading treatment. Migrants and refugees with or without permission to be in the country are, the author argues, possessed of no rights but, at best, privileges that can be removed at any time.

The Influence of Legal Strategy in Dennis v. U.S. (1951) and Yates v. U.S. (1957)

The Influence of Legal Strategy in Dennis v. U.S. (1951) and Yates v. U.S. (1957) In 1951, the Supreme Court of the United States upheld the convictions of eleven leaders of the Communist Patty of the United States of America (CPUSA) in Dennis v. United States despite a strong constitutional defense based on the First Amendment right of freedom of speech.' Six years later, in June 1957, the Supreme Court effectively reversed Dennis in Yates v. United States with a decision that greatly reduced the scope of the relevant legislation, the Alien Registration Act (1940), colloquially called the Smith Act.2 As this article demonstrates, current scholarship on that interpretive change neglects an important factor in the Court’s decision-making process—the influence of changes in legal strategy. In an atmosphere of heightened antiCommunist tension in the early stages of the Cold War, the Federal Bureau of Investigation (FBI) and Justice Department deployed Smith Act provisions against CPUSA leaders in New York, where the Party had its headquarters. The conviction of the CPUSA leaders occurred after a ten-month trial that ended in October 1949. The convictions were upheld by the HAYDEN THORNE Court of Appeals for the Second Circuit.3 On appeal from that ruling, the Supreme Court’s majority in Dennis ruled that the Smith Act did not violate freedom of speech. In Dennis, the Justices relied on a 1919 precedent, Schenck v. United States, which used what was known as the “clear and present danger” test to allow limitations on civil liberties during periods of heightened threats such as wartime.4 In the case of the CPUSA defendants, the majority, upholding the con­ victions, accepted the U.S. District Court’s decision that, based on quotations from Marx­ ist-Leninist publications and speeches, the defendants intended to overthrow the govern­ ment. The Court also upheld contempt of court convictions against the defendants’ lawyers for their actions during the trial.5 After the Supreme Court had issued that decision, using the same Smith Act provisions, the FBI arrested other CPUSA officials, including fifteen Los Angeles-based leaders who were prosecuted in a six-month trial in 1952. The Los Angeles trial resulted in the conviction of fourteen defendants (one INFLUENCE OF LEGAL STRATEGY IN DENNIS I/. U.S. (1951) 171 defendant, Mary Doyle, was removed from the case in the early stages), and the imprisonment of Oleta Yates on the additional charge of contempt of court for refusing to testify about other defendants’ CPUSA membership.6 Again, the Court of Appeals upheld the convictions.7 In its 1957 decision, the Supreme Court strictly construed the Smith Act to protect free speech and freedom of assembly and set aside the convictions from the federal District Court in Los Angeles, rendering the Act unusable for the majority of CPUSA prosecutions.8 This ana­ lysis explores the contribution of legal strategies to that shift in interpretation. Many scholars have analyzed the Su­ preme Court decisions in Dennis and Yates. Despite emanating from a broad range of disciplines and approaches, the authors reach one of two different conclusions. Some scholars, including Michael Belknap and In 1948, eleven U.S. Communist Party leaders were arrested and charged with violating the Alien Registration Act (front row: Eugene Dennis, William Z. Foster, Benjamin Davis; back row: John Williamson, Henry Winston, and Jack Stachel). As they had never openly called for the violent overthrow of the government, the prosecution depended on passages from the works of Marx and Lenin that advocated revolutionary violence and on the testimony of former members of the party who claimed they had privately advocated the use of violence. 1* f ftp* ■ | jH ™ \_ _ • 7"'.'« fH \ I U ••• * ■! William Wiecek, attribute the change in interpretation to broad contextual factors, particularly the anti-Communist hysteria that was near its peak in 1951 and had greatly diminished in 1957.9 The alternative argu­ ment, taken up by Scott Martelle, Arthur Sabin, and others, is that the shift in interpretation was largely the result of changes to the composition of the Supreme Court.10 Both factors were undoubtedly important in shaping the 1957 interpretation, but examining the legal strategy adopted by...

Ценности и методы: сравнительно-правовой анализ подходов Конституционного Суда РФ и ЕСПЧ к свободе самовыражения и свободе собраний

Ценности и методы: сравнительно-правовой анализ подходов Конституционного Суда РФ и ЕСПЧ к свободе самовыражения и свободе собраний

Freedom of assembly in Polish law 1918–2018

Freedom of assembly in Polish law 1918–2018

What Social Progress Indicators are Enhanced by Mother Tongue Instruction?

This paper investigated on what social progress indicators are enhanced by Mother Tongue Instruction as evidence of better education outcomes particularly in terms of access to basic education, access to information and communication, access to advanced education and opportunity, personal life choices, adult literacy, freedom of expression and freedom of assembly. Online data of sixteen identified countries as the major implementer of Mother Tongue Instruction (MTI) based on the report of Asia Multilingual Education Mapping of Classroom and of Language Classroom Practices and 2017 Social Progress Index was mined and subjected to discriminant analysis. The countries were classified into less, moderate, and high users of MTI. With the use of statistical software, the data were processed using the linear discriminant analysis to analyze the social progress indicators of MTI implementer. The results showed that the enhanced social progress indices are the following: access to basic knowledge and information communication, personal life choices, freedom of expression, and assembly. It also revealed that there are three indicators - access to advanced education, opportunities, and adult literacy, which are considered trade-offs despite the enhanced social progress indicators of mother tongue instruction. Further studies on the world data on MTI policy are highly recommended to gain a broader perspective and understanding of the social progress enhanced in the mother tongue instruction.

Freedom of Assembly and Safety

The article refers to freedom and human rights as universal and global principles covering all aspects of human life. Human rights are those freedoms, means of protection and services respected precisely as rights, which all people should be able to demand from the society in which they live, in accordance with today's freedoms. On the other hand, as rights they solely occur among individuals and authorities. None of the authority can take them away. They can not be waived or renounced. In Poland, guarantees of respect for human rights - to which all people are entitled and citizen's rights - to which only Polish citizens are entitled are included in the Constitution of the Republic of Poland. According to it, the inherent and inalienable human dignity is a source of freedom and human and citizen's rights. One of the fundamental human right is the freedom of assembly. The possibility of using the freedom of assembly must be dictated by the need to ensure the protection of national security or public order, protection of health, public morals and rights and freedom of other people. Due to the subject matter discussed, the study focused on peaceful assemblies, which organization is guaranteed by law, on the other hand no illegal forms of protest were described - the blockades and occupation of buildings, transport routes, or prohibited strike forms. The main task of ensuring security during assemblies rests with the Police, whose fundamental duty is to facilitate the conduct of assemblies. It is important to find a balance between maintaining order and exercising the right of assembly.

ECtHR 24 April 2018, application no. 56237/08 (Sadrettin Güler), Freedom of assembly and association

ECtHR 24 April 2018, application no. 56237/08 (Sadrettin Güler), Freedom of assembly and association

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

Fundamental rights and democratic contestation: reflections on freedom of assembly in an unequal society

CITATION: Botha, H. 2017. Fundamental rights and democratic contestation : reflections on freedom of assembly in an unequal society. Law, Democracy & Development, 21:221-238, doi:10.4314/ldd.v21i1.11.

Being in a new community possibilities for refugees to become actors of the political community in Hungary and the United Kingdom

The paper compares the possibilities of refugees and beneficiaries of subsidiary protection toward their political integration in two countries, Hungary and the United Kingdom. The aim of this comparison is not judge which country is better in this sense but to present and explain a few relevant dimensions of the political integration of refugees and beneficiaries of subsidiary protection. The scrutinized dimensions are the fundamental right of being recognized as a refugee; the right to stay, including legal residency, social support, education, right for employment and right to vote; the right to the free movement furthermore direct political rights as the right to vote; the freedom of expression; the freedom of association and the freedom of assembly and finally possibilities for preferential naturalization. Obviously, there is no possibility to analyse and evaluate the whole integration process but at least, its legal dimensions are presented in the paper. In the conclusion, the author will make a few suggestions what should be considered when thinking about these questions.

Lists of Ethical, Legal, Societal and Economic Issues of Big Data Technologies

Lists of Ethical, Legal, Societal and Economic Issues of Big Data Technologies

Freedom of Assembly in the Practice of the Constitutional Court of the Russian Federation

Freedom of assembly is a complex institution of human rights containing norms, both legislative acts and mandatory prescriptions of the highest bodies of the judiciary, primarily the Constitutional Court of the Russian Federation. Since the adoption of the Federal Law No. 54-FZ of June 19, 2004, On Meetings, Rallies, Demonstrations, Processions and Picketing, the Constitutional Court of the Russian Federation has issued about two dozen different decisions on the most important issues for public life in organizing and holding public events. Analysis of these decisions is an actual problem, since without their understanding and systematization it is difficult to regulate social relations related to such a fundamental political right as freedom of assembly. This article is devoted to the analysis and systematization of the entire practice of the Constitutional Court of the Russian Federation on freedom of assembly. To date, there are some works devoted to the analysis of some decisions of constitutional court proceedings. The most complex overview of them is an article by T.M. Khramova in which the decisions of the Constitutional Court of the Russian Federation for the period 2012-2013 on the verification of the compliance of the Constitution with legislative acts that toughen the freedom of assembly after the protest demonstrations of 2011-2012 are analyzed. In the present work eighteen definitions and decisions for the period from 2003 to 2017 on various aspects of freedom of assembly were analyzed. In particular, issues such as: the duality of freedom of assembly; restriction of freedom of assembly at the level of the constituent entities of the Russian Federation and restriction by regulatory legal acts of the President of the Russian Federation; ban on holding public events in certain places; specially designated places for public events; giving notice of a public event on public holidays; coordination of the time and place of the public event; regulation of picketing; prohibition of preliminary agitation of a public event prior to its approval; concealment by participants of their persons at public events; stop picketing by delivering to the police station to protect against the threat to life and health; responsibility for participation in an unsanctioned rally; prohibition to be the organizers of public events for persons who have committed separate offenses or crimes; responsibility of the organizer for exceeding the number of participants indicated in the notification for holding a public event; administrative and civil liability of the organizer of a public event for the harm caused by the participants; the limitation period for bringing to administrative responsibility for violation of legislation on public events; the amount of administrative fines and penalties for violation of legislation on public events; the imposition of a fine for violation of legislation on public events below the lowest limit; criminal responsibility for the repeated violation of legislation on public events.

ПРОБЛЕМИ ОБМЕЖЕННЯ ПРАВ ЛЮДИНИ ПІД ЧАС ПАНДЕМІЧНОЇ КРИЗИ

The introduction of quarantine in Ukraine was the main reason for the restriction of human rights, which are primarily guaranteed by the Constitution of Ukraine. Given current trends in the spread of the COVID- 19 pandemic in Ukraine, such restrictions have been applied as: restriction of the human right to freedom of movement; restriction of the human right to education; restrictions on the human right to hold mass events and restrictions on freedom of assembly; ban on stay: in public buildings and structures, in public transport without special personal protective equipment; on the streets without identity documents; prohibition on leaving the place of isolation and / or observation without permission. The spread of the COVID-19 pandemic has complicated and significantly increased social tensions in many countries, provoked the formation of negative attitudes among citizens. On this occasion, the UN issued a special statement on April 14, 2020, in order to neutralize the threats that affect human rights. The UN statement stated that the authorities should ensure the implementation of an inclusive approach, which provides for the participation of citizens in the formation and implementation of policies to implement restrictive measures. Among the measures to counter the impact of the COVID-19 pandemic were: quarantines; restrictions and prohibitions on travel; access to affected people and communities to receive timely, accurate, complete information about the nature and scale of the disease; people's access to the social protection system; measures to directly involve health workers in the fight against the pandemic; access to medical care for victims; access for everyone to receive medical care; Everyone's right to health, including both mental health and physical health; access of vulnerable groups to measures to combat and prevent the impact of the COVID-19 pandemic.

Fanon, Freedom of Assembly, and the Right to Protest in the Contemporary Caribbean

Fanon, Freedom of Assembly, and the Right to Protest in the Contemporary Caribbean

WHAT THE (EXPLETIVE) IS A “CONSTITUTION”?! ORDINARY CADRES CONFRONT THE 1954 PRC DRAFT CONSTITUTION

AbstractFollowing the history of western constitutional history, studies of Chinese constitutionalism have tended to focus on its intellectual origins, or, more commonly these days, its failure to restrain official behavior. Drawing upon new archival materials, this article takes a different tack. I zero in on a critical period of constitutional gestation, when officials read the 1954 constitution in draft form, posed questions about its text and suggested revisions. How did officials react when told that citizens, many of whom were recently persecuted, now enjoy “freedom of assembly”? These materials allow us to see “the state” in real time: How did officials understand core legal concepts such as “right,” “constitution” and “citizen” as well as their role in the new polity? In many respects, the discussion surrounding the draft constitution turned out to be a venue for officials to talk about the meaning of the revolution they had just experienced.

Freedom of assembly as Constitutional Rights and Decisions of Constitutional Court - a Critical Review on the Constitutional Court's Decision -

Freedom of assembly as Constitutional Rights and Decisions of Constitutional Court - a Critical Review on the Constitutional Court's Decision -

Hijack Attempts in Assemblies: the Case of Conflicting Freedoms from the European Perspective

In line with the widely accepted rule that states have both negative and positive obligations towards peaceful assemblies, the assemblies are now protected from violent disturbances and provocations by other individuals. Non-violent disturbances, however, remained completely out of our focus. In this essay, the problem is named 'hijack attempts in assemblies' and the author aims to define it in order to find its solution in the future. The reader's attention is brought to the distinctive elements of the problem: (1) characteristics of assembly, (2) the nature, intensity and context of the distortion, as well as (3) concurring and dissenting opinions. Dangers stemming from the hijacking are also examined. The final part is dedicated to the relationship between freedom of assembly and freedom of expression. Theoretical aspects of the problem are illustrated in practical examples. The leading case is the Civil March for Aleppo case, which was the first one to draw the author's attention. Two judicial decisions (the US Supreme Court and The German Federal Constitutional Court) are presented to show what difficulties follow the conflict in practice and to extract principles that can be of guidance. Nevertheless, the author vows not to be bound by a particular jurisdiction. Resolution of the problem that is offered at the end draws from functional arguments and aims at satisfying those who approach the problem from the angle of normative, rather than analytical jurisprudence.