Freedom of Association
A Freedom of Association is a human right that allows individuals to join or form groups, clubs, or organizations freely, without interference or coercion from the government.
- Context:
- It can (typically) encompasses both an individual's right to join or leave groups voluntarily and the right of the group to take collective action to pursue the interests of its members.
- It can (typically) involve the right to join Trade Unions to advocate for labor rights.
- It can (often) facilitate the formation of Political Parties to participate in democratic processes.
- It can range from being a constitutionally protected right in democratic societies to being restricted or suppressed in authoritarian regimes.
- It can enable individuals to participate in Religious Organizations to practice and propagate their faith.
- It can promote Civil Society by allowing the formation of non-governmental organizations (NGOs) that address social issues.
- ...
- Example(s):
- the right to join or form a Trade Union as protected by the International Labour Organization conventions.
- the freedom to establish and participate in Political Parties in democratic countries.
- the right to join various Social Clubs and Fraternities at educational institutions.
- ...
- Counter-Example(s):
- a Right to Work, which focuses on employment rights but does not necessarily protect the right to collective association.
- See: Search and Seizure, Individual Right, Collective Right, Feminism
References
2018
- (Wikipedia, 2018) ⇒ https://en.wikipedia.org/wiki/freedom_of_association Retrieved:2018-5-11.
- Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. Freedom of Association, The Essentials of Human Rightsdescribes the right as coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of Association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.
Freedom of association is manifested through the right to join a trade union, to engage in free speech or to participate in debating societies, political parties, or any other club or association, including religious denominations and organizations, fraternities, and sport clubs. It is closely linked with freedom of assembly, particularly under the U.S. Bill of Rights. Freedom of assembly is typically associated with political contexts. However, (e.g. the U.S. Constitution, human rights instruments, etc.) the right to freedom of association may include the right to freedom of assembly.
The courts and delegated officers of local jurisdictions may, however, impose restrictions on any of the rights of a convicted criminal as a condition of a legal stipulation. Rights to freedom of association and freedom of assembly are waived under certain circumstances, such as a guilty plea or conviction, restraining orders and probationer's search and seizure procedures.
- Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. Freedom of Association, The Essentials of Human Rightsdescribes the right as coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of Association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.