Freedom of assembly may be restricted under certain circumstances as are prescribed by law and are necessary in a democratic society.
- The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Everyone shall have the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
- Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.
- The right of peaceful assembly, without arms, is recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and 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 freedom of others.
- [T]he Committee recalls that the rights and freedoms set forth in article 21 of the Covenant are not absolute but may be subject to limitations in certain situations. The second sentence of article 21 of the Covenant requires that no restrictions may be placed on the exercise of the right to peaceful assembly other than those imposed (1) in conformity with the law and (2) which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- In the present case, the Committee must consider whether the restrictions imposed on the author’s right to freedom of assembly were justified under any of the criteria set out in article 21. The Committee notes the State party’s assertion that the restrictions were in accordance with the law. However, the State party has not demonstrated to the Committee’s satisfaction that the impeding of the two pickets in question was necessary for the purpose of protecting the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. Moreover, the State party never refuted the author’s claim that no event actually occurred at Gorky Square on 7 October 2007, and that the city administration’s claim of a competing Teachers’ Day event was in fact a mere pretext given in order to reject the author’s request. In these circumstances, the Committee concludes that in the present case the State party has violated the author’s right under article 21 of the Covenant.
- 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.
- Everyone will have the right of peaceful assembly and demonstration. Any restrictions which may be placed on the exercise of these rights will be prescribed by law and consistent with international standards.
- 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.
- 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.
- 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.
- In order to merit the protection of ICCPR, art 21, an assembly must be peaceful. As long as an assembly is conducted in a non-violent manner, it may be disrupted only in accordance with the strict limitations citied in the article. …there must be a genuine need in order for a State to avail itself of the permissible restrictions. In addition, the restrictions are allowed only if they are ‘in conformity’ with the law. In other words, no agent of the State may arbitrarily interfere with a peaceful assembly. Rather, he must be authorized by law to do so, and the laws in question must respect the international standards [associated with this obligation]. Any restrictions on the right to assembly may not go beyond the need to protect the public interests listed and the least restrictive means must be employed. Furthermore, it should be noted that State authorities have a duty to protect the demonstrators themselves. The right of assembly must be respected, since public demonstrations and political rallies are an integral part of the election process and provide an effective mechanisms for the public dissemination of political information.