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Originally posted by Tensixty6
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Section 16 Peaceful assembly and freedom of association
1) Every person has the right of
peaceful assembly.
2) Every person has the right to
freedom of association with others, including the right to form and join trade unions.
(Modelled on articles 21 and 22 ICCPR)
Key issues
● Article 16(1) protects the right of peaceful (rather than violent) assembly, including peaceful protests, demonstrations, and other meetings.
● Governments may stipulate procedural requirements for certain public marches to protect public order.
● Freedom of association includes the right to join organisations such as political parties, trade unions, or other groups with a common purpose.
● Section 16(2) may include the right not to associate with others
● Both rights may of course be limited in accordance with s.7.
Freedom of assembly upholds the right of individuals to gather together in order to exchange, give or receive information, to express views, and to conduct a protest or demonstration. The right is limited to assemblies that do not involve force or violence, such as a riot. This right could also impose a positive obligation on government to ensure that peaceful assemblies
can occur, and that those expressing their views are protected from counter-protesters.
The right may also be limited where the purpose of the meeting could be damaging to the community, such as a meeting to exchange materials relating to child pornography.
It is permissible for governments to require certain procedures be
followed, such as the giving of notice to the police before a public assembly
may lawfully be held. For example, a march down a major road without
notice would severely upset traffic flow and public order, and would not
be protected under s.16(1).
Freedom of association protects therights of individuals to join together with others to formally pursue a common interest. Such groups include political groups, sporting groups, nongovernment organisations, tradeunions and corporations. This right is limited to groups who have a public purpose and would not protect individuals who meet to pursue a private interest, for example a meeting between family members (which may be protected under right to privacy).
The freedom is likely to include the right not to associate with others, so
an individual cannot be forced to join a group, such as a political party, a
trade union, or a ‘neighbourhoodwatch’ group.
This freedom may be limited in reasonable circumstances – for example in relation to groups with aims to harm others, such as terrorist or criminal organisations, or groups inciting hatred against people from particular racial backgrounds.
Nice to meet those I actually got to speak to and for those I didn't get to speak to, next time...I had to leave early as the rego only runs til 7pm
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