Summary
Freedom of association may be restricted under certain circumstances as are prescribed by law and necessary in a democratic society.
Obligations
Issues
Criteria
Quotes
- No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, public order, public health or morals or for the protections of the rights and freedoms of others.
- It is prohibited to impose limitations on the rights and freedoms guaranteed by virtue of this Charter unless where prescribed by law and considered necessary to protect national and economic security, or public order, or public health, or morals, or the rights and freedoms of others.
- The exercise of this right [freedom of association] shall be subject only to such restrictions established by law as may be necessary in a democratic society, in the interest of national security, public safety or public order, or to protect public health or morals or the rights and freedoms of others.
- No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
- No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security of public safety, public order (ordre public), the protection of the public health or morals or the protection of the rights and freedoms of others.
- Every individual shall have the right to free association provided that he abides by the law.
- The Committee observes that article 19 allows restrictions only as provided by law and necessary (a) for respect of the rights and reputation of others; and (b) for the protection of national security or public order (ordre public), or of public health or morals. It recalls that the right to freedom of expression is of paramount importance in any society, and any restrictions to its exercise must meet a strict test of justification.
- The exceptions set out in Article 11 are to be construed strictly; only convincing and compelling reasons can justify restrictions on freedom of association. In determining whether a necessity within the meaning of Article 11 § 2 exists, the States have only a limited margin of appreciation, which goes hand in hand with rigorous European supervision embracing both the law and the decisions applying it, including those given by independent courts (see, for example, Sidiropoulos and Others, cited above, § 40). That is especially so in relation to political parties in view of their essential role in “a democratic society” (see, for example, United Communist Party of Turkey and Others, cited above §§ 25, 43 and 46).
- The Committee considers that even if these and other restrictions were precise and predictable and were indeed prescribed by law, the State party has not advanced any argument as to why such restrictions would be necessary, for purposes of article 22, paragraph 2, to condition the registration of an association on a limitation of a scope of its human rights activities to the undefined issues not covered by state organs or on the existence of regional branches of „Democracy and Rights‟.
- As to the technical requirements, the Committee notes that the parties disagree over the interpretation of domestic law and the State party‟s failure to advance arguments as to which of the numerous „defects‟ in the association‟s application materials triggers the application of the restrictions spelled out in article 22, paragraph 2, of the Covenant. Even if the application materials of „Democracy and Rights‟ did not fully comply with the requirements of domestic law, the reaction of the State party‟s authorities in denying the registration of the association was disproportionate.
- The human rights and fundamental freedoms of every person shall be exercised with due regard to the human rights and fundamental freedoms of others. The exercise of human rights and fundamental freedoms shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition for the human rights and fundamental freedoms of others, and to meet the just requirements of national security, public order, public health, public safety, public morality, as well as the general welfare of the peoples in a democratic society.
- Although there are limitations to the right of association, such limitations must be construed strictly, and only convincing and compelling reasons can justify limitations on freedom of association. Limits must be prescribed by law, necessary in a democratic society, and proportional in measure.
- Emergency or other exceptional legislation restricting fundamental rights should be repealed or suspended. Exceptional measures must not be imposed unless strictly required by the exigencies of the situation and must not be calculated to corrupt or unnecessarily delay the political process.
- ...The requirements for party/candidate registration and the implementation of such requirements do not place unreasonable restriction on freedom of association and restrict the political options offered to the electorate.
- Accordingly, paragraph 2 of article 22 permits the same categories of limitations as do articles 19 and 21 (national security, public safety, public order (ordre public), the protection of public health or morals, or the protection of the rights and freedoms of others). Article 22 also requires procedural safeguards similar to those required in Article 21, namely that any restrictions be prescribed by law and be necessary in a democratic society for the protection of public interests.
- Political parties should not face unreasonable restrictions on participation or campaigning.
- States of emergency should be declared only in conformity with the law and be authorized only in the event of a public emergency which threatens the life of the nation, where measures compatible with the Constitution and laws in force are plainly inadequate to address the situation. Relevant international standards further require that a state of emergency be officially proclaimed before any exceptional measures are put in place. Any such measure must be strictly required by the exigencies of the situation, and must not be inconsistent with other requirements under international law.
- The holding of democratic elections and hence the very existence of democracy are impossible without respect for human rights, particularly the freedom of expression and of the press and the freedom of assembly and association for political purposes, including the creation of political parties. Respect for these freedoms is vital particularly during election campaigns. Restrictions on these fundamental rights must comply with the European Convention on Human Rights and, more generally, with the requirement that they have a basis in law, are in the general interest and respect the principle of proportionality.
- Democratic elections are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of circulation inside the country, freedom of assembly and freedom of association for political purposes, including the creation of political parties. b. Restrictions of these freedoms must have a basis in law, be in the public interest and comply with the principle of proportionality.