What is the scope of the right to freedom of assembly and association? there are less restrictive means of achieving the desired ends.it impinges on freedom of assembly or association to a greater degree than is necessary.the measure will be effective to achieve the desired ends.the restriction is for a purpose which falls within one of the permitted grounds for restriction under the relevant article.When working on a measure that restricts freedom of assembly and association, you should ask yourself whether: This list should not be regarded as exhaustive. treats people differently on the basis of their membership of a group or association.requires a person to disclose membership of a group or association, or.regulates membership of groups or associations, in particular trade unions.prohibits or creates disincentives for membership of particular organisations, for example terrorist organisations or motorcycle gangs.limits or regulates the ability of a person or group of persons to peacefully protest.You will need to consider the right to freedom of assembly and association if you are working on legislation, a policy or a program that: When do I need to consider the right to freedom of assembly and association? See also article 5 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD), article 15 of the Convention on the Rights of the Child (CRC) and article 21 of the Convention on the Rights of Persons with Disabilities (CRPD). The right to freedom of assembly and association is contained in articles 21 and 22 of the International Covenant on Civil and Political Rights (ICCPR) and article 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Where does the right to freedom of assembly and association come from?Īustralia is a party to seven core international human rights treaties. The right to freedom of association protects the right to form and join associations to pursue common goals. The right to peaceful assembly protects the right of individuals and groups to meet and to engage in peaceful protest. What is the right to freedom of assembly and association? Commonwealth agencies subject to the Legal Services Directions 2005 requiring legal advice in relation to matters raised in this Guidance Sheet must seek that advice in accordance with the Directions. This material is provided to persons who have a role in Commonwealth legislation, policy and programs as general guidance only and is not to be relied upon as legal advice.
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