Summary
Freedom of association may be restricted only in limited cases, including in the interest of protecting the rights and freedoms of others.
Obligations
Election Parts
Issues
Criteria
Quotes
- 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.
- Nothing in the present Covenant may be interpreted as implying for any State, group, or person any right to engage in any activity or perform any act aimed at the destruction of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
- 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.
- 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.
- From time to time governments ban particular political parties. The European Commission on Human Rights has ruled that the benefit of Protocol 1, article 3 of the European Convention cannot be claimed by those who would participate in elections for a purpose incompatible with article 17, namely, to destroy the very rights and freedoms protected.
- The right to freedom of association cannot be interpreted as including any activity that would infringe upon any of the other rights cited in the Covenant. As with the right to freedom of assembly, it is vital that the right to freedom of association be respected, since the ability to form and join political organizations is one of the most important means by which people can participate in the democratic process.
- It is similarly permissible for States to regulate the activities of political parties whose policies conflict with any of the human rights enumerated in the International Covenant on Civil and Political Rights. Restraints upon activities of this nature are, in fact, vital during an election period in order to ensure that the political environment is free of any forces that may seek to intimidate the electorate or any forces that may seek to intimidate the electorate or any political actors, or to violate the fundamental rights of any group.