Breakout
| Section | Contents | |
|---|---|---|
| Freedom of Association/History/Country sources/Afghanistan | History | Article 32 of the 1964 Constitution articulated protections of Freedom of Assembly and Freedom of Association. With reference to freedom of assembly, it stated: "Afghan citizens have the right to assemble unarmed, without prior permission of the State, for the achievement of legitimate and peaceful purposes, in accordance with the provisions of the law." With reference to freedom of association, it stated: "Afghan citizens have the right to establish, in accordance with the provisions of the law, associations for the realisation of material or spiritual purposes."
Freedom of association is mentioned in the Afghanistan constitution of 2004 under Chapter II article 35. However, according to a US State Department 2022 report, the Taliban has restricted freedom of association and assembly and does not respect the constitution. References: 1964 Afghanistan Constitution: https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1005&context=afghanenglish 2004 Afghanistan Constitution: https://www.constituteproject.org/constitution/Afghanistan_2004?%20lang=en US State Department Afghanistan 2022 Human Rights Report: https://www.state.gov/wp-content/uploads/2023/03/415610_AFGHANISTAN-2022-HUMAN-RIGHTS-REPORT.pdf |
| Freedom of Association/History/Country sources/Albania | History | Article 199 of the 1928 Fundamental Statute of the Kingdom of Albania guaranteed freedom of association "in conformity with the law." Article 53 of the 1976 Albanian Constitution states that “citizens enjoy the freedom of speech, the press, organization, association, assembly and public manifestation. The state guarantees the realization of these freedoms, it creates the conditions for them, and makes available the necessary material means” (“The Albanian Constitution of 1976").
Freedom of Association is also asserted in the Albanian Constitution of 1998, in Chapter III, Article 46. References: 1928 Fundamental Statute of the Kingdom of Albania: https://www.hoelseth.com/royalty/albania/albconst19281201.html 1976 Albania Constitution: https://data.globalcit.eu/NationalDB/docs/ALB%20The%20Constitution%20of%20the%20Peoples%20Socialist%20Republic%20of%20Albania%201976.pdf 1998 Albania Constitution: https://www.constituteproject.org/constitution/Albania_2012 |
| Freedom of Association/History/Country sources/Algeria | History | Article 19 of the 1963 Algerian Constitution states that “the Republic guarantees freedom of the press and of other means of information, freedom of association, freedom of speech and public intervention, and freedom of assembly” (Middle East Journal, 1963) .
References: “The Algerian Constitution.” The Middle East journal 17, no. 4 (1963): 446–450. |
| Freedom of Association/History/Country sources/Andorra | History | Freedom of association is guaranteed in the Constitution of the Principality of Andorra of 1993 in Chapter III, Article 17.
References: 1993 Andorra Constitution: https://www.constituteproject.org/constitution/Andorra_1993#s101 |
| Freedom of Association/History/Country sources/Angola | History | Article 22 of the 1975 Angolan Constitution states: "Within the framework of the realization of the basic objectives of the People's Republic of Angola, the law will ensure freedom of expression, assembly, and association."
Freedom of assembly in Angola is asserted in the 1992 Angolan constitution, part II, article 32: "Freedom of expression, assembly, demonstration and all other forms of expression shall be guaranteed." The 2010 constitution of Angola guarantees freedom of association in Chapter II, section I, article 48 References: 1975 Angola Constitution: “The Constitution of the People’s Republic of Angola.” World Constitutions Illustrated, Heinonline. https://heinonline.org/HOL/P?h=hein.journals/rsl2&i=197 1992 Angola Constitution: https://constitutionnet.org/sites/default/files/Angola%20Constitution.pdf 2010 Angola Constitution: https://www.constituteproject.org/constitution/Angola_2010 |
| Freedom of Association/History/Country sources/Antigua and Barbuda | History | Freedom of association is asserted in Chapter II, article 13(1) of the Antigua and Barbuda Constitution of 1981.
References: The 1981 Constitution of Antigua and Barbuda: https://www.legislation.gov.uk/uksi/1981/1106/pdfs/uksi_19811106_en.pdf |
| Freedom of Association/History/Country sources/Argentina | History | The first assertion of the freedom of association of Argentina can be found in Part I, Chapter 1, Article 14 of the Constitution of the Argentine Nation of 1853. The 1853 Constitution as amended to 1957 specifies association rights with reference to labor unions and trade unions. This language remains in the Constitution as amended to 1994.
References: 1853 Argentina Constitution:French translation of the original Constitution of 1853 780 (2010) Chapter I: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzar0007&id=2&men_tab=srchresults 1853 Argentina Constitution as amended to 1957: English text of the Constitution of 1853 consolidated as amended to 1957. 3 (2011) First Part: Declarations, Rights, and Guarantees: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzar0015&id=7&men_tab=srchresults# Argentina Constitution as of 1994: http://www.biblioteca.jus.gov.ar/Argentina-Constitution.pdf |
| Freedom of Association/History/Country sources/Armenia | History | Freedom of association is asserted in Article 25 of the 1995 Constitution of the Republic of Armenia:
"Everyone has the right to form associations with other persons, including the right to form or join trade unions. Every citizen is entitled to form political parties with other citizens and join such parties. These rights may be restricted for persons belonging to the armed forces and law enforcement organizations. No one shall be forced to join a political party or association." References: 1995 Constitution of the Republic of Armenia: http://www.parliament.am/legislation.php?sel=show&ID=2425&lang=eng |
| Freedom of Association/History/Country sources/Australia | History | The right to association is mentioned in the ICCPR article 22. Australia ratified this treaty in 1980. In the Australian constitution there is no free-standing right to association.
References: Australian Law Reform Commission, "Traditional Rights and Freedoms - Encroachments by Commonwealth Laws", ALRC, Sydney (2014), ch. 4: https://www.alrc.gov.au/wp-content/uploads/2019/08/ip46_ch_4._freedom_of_association.pdf Australian Human Rights Commission, "Freedom of Association: https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-association |
| Freedom of Association/History/Country sources/Austria | History | Freedom of association was articulated in Article 12 of Austria's “Basic Law on the General Rights of Nationals in the Kingdoms and Länder represented in the Council of the Realm” in 1867.
According to a report on human rights practices from the US State Department, "The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights." Austria ratified the ILO "Freedom of Association and Protection of the Right to Organise Convention" in 1950. References: 1867 Basic Law: https://www.servat.unibe.ch/icl/au03000_.html US State Department Report on Human Rights Practices in Austria: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/austria/ 1950 International Labor Organization Convention: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:11300:0::NO::P11300_INSTRUMENT_ID:312232 |
| Freedom of Association/History/Country sources/Azerbaijan | History | The first assertion of freedom of association in the 1995 constitution of the Azerbaijan Republic is mentioned under Chapter III Article 58 section I through IV.
References: Constitution Of The Azerbaijan Republic, as amended on August 24, 2002: https://constitutionnet.org/sites/default/files/Azerbaijan%20Constitution.pdf Blaustein, Albert P., and Gisbert H. Flanz. Constitutions of the Countries of the World; a Series of Updated Texts, Constitutional Chronologies and Annotated Bibliographies. "Azerbaijan Republic, Booklet 2, 1996" Permanent ed. Dobbs Ferry, N.Y: Oceana Publications, 1971. |
| Freedom of Association/History/Country sources/Bahrain | History | The first assertion of freedom of association in the 1973 Constitution of the State of Bahrain that was ratified May 26th is mentioned under chapter III, article 27: "Freedom to form associations and trade unions on a national basis and for lawful objectives and by peaceful means shall be guaranteed in accordance with the conditions and procedures prescribed by the law. No one shall be compelled to join or remain in any association or union."
One finds similar language in Article 27 of the 2002 Constitution with amendments through 2017: "The freedom to form associations and unions on national principles, for lawful objectives and by peaceful means is guaranteed under the rules and conditions laid down by law, provided that the fundamentals of the religion and public order are not infringed. No one can be forced to join any association or union or to continue as a member." References: “Bahrain Old Constitution (1973).” International Constitutional Law Project: https://www.servat.unibe.ch/icl/ba01000_.html Bahrain 2002 (Rev. 2017) Constitution.” Constitute: https://www.constituteproject.org/constitution/Bahrain_2017?lang=en. |
| Freedom of Association/History/Country sources/Bangladesh | History | Article 38 of the 1972 Bangladesh Constitution asserts: "Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order."
References: 1972 Bangladesh Constitution: http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf |
| Freedom of Association/History/Country sources/Barbados | History | Article 21 of the 1966 Barbados Constitution held: "1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests. 2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -
a. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or c. that imposes restrictions upon public officers or members of a disciplined force." References: 1966 Barbados Constitution: https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html |
| Freedom of Association/History/Country sources/Belarus | History | The first assertion of freedom of association in the Republic of Belarus is mentioned in the Belarus constitution of 1994, ratified March 15 on section II, article 36. The constitution was amended through a referendum November 26th, 1996. Article 36 remains the same.
References: 1994 Constitution of the Republic of Belarus: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults 1994 Constitution of the Republic of Belarus as amended in 1996: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e |
| Freedom of Association/History/Country sources/Belgium | History | Article 25 of the 27 October 1830 Draft Constitution of Belgium asserted the right to association.
The 1831 Constitution of Belgium, ratified February 7th, asserted the right to freedom of association in Article 20. In the current constitution freedom of association is found in Article 27. References: English translation of the French text of the draft of the constitution of 27 October 1830 35 (2009): https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbe0096&id=5&men_tab=srchresults 1831 Constitution of Belgium: https://www.constituteproject.org/constitution/Belgium_1831 English translation of the Belgian Constitution as updated following the revision of 17 March 2021: https://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf |
| Freedom of Association/History/Country sources/Belize | History | The first assertion of freedom of association in Belize is mentioned in the Belize Constitution of 1982 under Part II, Article 13. Section one articulated the right: "Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations." Section two articulated exceptions and limitations:
"Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes reasonable provision- that is required in the interests of defence, public safety, public order, public morality or public health; that is required for the purpose of protecting the rights or freedoms of other persons; that imposes restrictions on officers in the public service that are required for the proper performance of their functions; or that is required to prohibit any association the membership of which is restricted on grounds of race or colour." References: 1981 Constitution of Belize: https://pdba.georgetown.edu/Constitutions/Belize/belize81.html |
| Freedom of Association/History/Country sources/Benin | History | Article 2 of the 15 February 1959 Constitution of the Republic of Dahomey guaranteed freedom of association, though in the context of respecting public order.
Freedom of association in the Republic of Benin was also guaranteed in the Constitution of Benin that was adopted at the referendum on December 2nd, 1990 under Title II, article 25 References: "Of the State and of Sovereignty," Republique du Dahomey, Constitution du 15 fevrier 1959 (1959): 57-57: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbj0032&id=3&collection=cow&index=# 1990 Constitution of the Republic of Benin: https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf |
| Freedom of Association/History/Country sources/Bhutan | History | Freedom of association is asserted in the Constitution of Bhutan of 2008, enacted July 18th under Article 7(12): "A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association."
References: Bhutan 2008 Constitution: https://www.constituteproject.org/constitution/Bhutan_2008 |
| Freedom of Association/History/Country sources/Bolivia | History | Article 6d of the 1938 Bolivian Republican Constitution listed a number of "fundamental rights" enjoyed by all. Among these rights was the right "To meet and associate for any purpose, which is not contrary to the security of the state...."
Freedom of association of Bolivia is described in the Constitution of 2009 of the Plurinational State of Bolivia under Chapter III, Section I, Article 21 (4) References: 1938 Bolivian Republican Constitution: English text of the Constitution of 1938 376 (2010) Section II: Rights and Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Pagecollection=cow&handle=hein.cow/zzbo0010&id=2&men_tab=srchresults “Bolivia (Plurinational Republic of) 2009.” Constitute. https://www.constituteproject.org/constitution/Bolivia_2009 |
| Freedom of Association/History/Country sources/Bosnia and Herzegovina | History | Freedom of association in Bosnia and Herzegovina is guaranteed in the Constitution of the Federation of Bosnia and Herzegovina of 1995 under Chapter II, Article 2, Section 3(i)
References: https://advokat-prnjavorac.com/legislation/constitution_fbih.pdf |
| Freedom of Association/History/Country sources/Botswana | History | According to Article 13 of the 1966 Botswana Constitution:
"(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests. (2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health; (b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; (c) that imposes restrictions upon public officers, employees of local government bodies, or teachers; or (d) for the registration of trade unions and associations of trade unions in a register established by or under any law, and for imposing reasonable conditions relating to the requirements for entry on such a register (including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration, or of members necessary to constitute an association of trade unions qualified for registration) and conditions whereby registration may be refused on the grounds that any other trade union already registered, or association of trade unions already registered, as the case may be, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which registration of a trade union or association of trade unions is sought, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society." References: 1966 Constitution of Botswana: https://botswanalaws.com/consolidated-statutes/constitution-of-botswana |
| Freedom of Association/History/Country sources/Brazil | History | According to Thiago Luís Santos Sombra the right to freedom of association in Brazil dates to 1891: "The freedom of association is, thus, an extension of private autonomy and, although it was only included in the Brazilian legal order as a
constitutional guarantee in the 1891 Constitution (art. 72), it represents a social phenomenon that precedes the Declarations of Rights and the Constitutions of the 19th Century." Brazil’s current constitution ( 1988) has exceptionally detailed freedom of association provisions. Title II-I-5 states that: - there is total freedom of association for lawful purposes, but any paramilitary association is prohibited; - creation of associations and, as set forth in law, of cooperatives, requires no authorization, prohibiting state interference in their operations; - associations may be compulsorily dissolved or their activities suspended only by a judicial decision, which in the former case must be a final and unappealable decision; - no one can be compelled to join an association or to remain in one; - when expressly authorized, associations have standing to represent their members judicially and extrajudicially References: Sombra, Thiago Luís Santos, "Representation and Deliberation: Does Every Vote Have The Same Influence In The Voting Process Of Associations?" Thurgood Marshall Law Review n. 41, issue 2, December 2015 “Federal Supreme Court Constitution - Stf.jus.br.” Accessed September 14, 2022. https://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf. |
| Freedom of Association/History/Country sources/Brunei | History | According to the US Department of State in 2021, "The law does not provide for freedom of association. The law requires formal groups, including religious, social, business, labor, and cultural organizations, to register with the Registrar of Societies and provide regular reports on membership and finances."
References: 2021 Country Reports on Human Rights Practices: Brunei: https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/brunei/ |
| Freedom of Association/History/Country sources/Bulgaria | History | Article 83 of the 1879 Constitution of the Principality of Bulgaria states: "Bulgaria subjects have the right of forming associations without any previous authorization, on condition that the object in view of, and the means employed by, these
assoclatIons be not prejudicial to public order, religion, or good morals." After independence, Article 83 of the revised version of the 1879 Constitution as amended to 1911 continued to guarantee freedom of association using very similar language. References: 1879 Constitution of the Principality of Bulgaria: English translation of the Bulgarian original text of the Constitution of 1879 6 (2014) Chapter XIV: The Ordinary National Assembly: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0031&id=8&men_tab=srchresults 1879 Constitution as amended to 1911 : English text of the Constitution of 1879, as amended to 1911 95 (2010) Section 10: The Right of Petition: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbg0005&id=8&men_tab=srchresults |
| Freedom of Association/History/Country sources/Burkina Faso | History | According to Article 7 of the 1959 Constitution of Upper Volta, "The political parties and groups participate in the expression of suffrage. They form themselves and exercise their activities freely within respect for the democratic principles and of the sovereignty of the State."
Article 13 of the 1970 Constitution of Upper Volta stated: "Citizens shall enjoy freedom of speech, press, assembly, association, procession and demonstration in the conditions laid down by law. The exercise of these rights shall be limited only by the freedom of others, security and public order" According to Article 21 of the 1991 Constitution of Burkina Faso, as revised in 2015, "The freedom of association is guaranteed. Every person has the right to constitute associations and to participate freely in the activities of the associations created. The functioning of the associations must conform to the laws and regulations in force. The syndical freedom is guaranteed. The unions exercise their activities without constraint and without limitation other than those specified by the law." References: English Translation of the French Official Original Text of the Constitution of 1959 3-4 (2021) Title I: Of the State and of Sovereignty: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzbf0033&id=3&collection=cow&index= 1970 Constitution of Upper Volta: "Title II: Fundamental Rights and Duties of Man and the Citizen," Constitution of Upper Volta (1970): 1006-1008 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbf0015&id=3&men_tab=srchresults 1991 Constitution of Burkina Faso 1991 as revised in 2015: https://www.constituteproject.org/constitution/Burkina_Faso_2015 |
| Freedom of Association/History/Country sources/Burundi | History | In the 1962 Constitution of Burundi, Article 18 provides for freedom of association: "All Barundi have the right of association and of assembly, except in regard to associations or assemblies which are illegal or contrary to morals."
References: English translation of the Constitution of 1962, "Title II: Barundi and their Rights," Constitution of the Kingdom of Burundi : 20-21: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzbi0002&id=3&men_tab=srchresults |
| Freedom of Association/History/Country sources/Cambodia | History | Article 10 of the 1947 Constitution states: "All Cambodians have a right to associate freely, unless their association endangers or tends to endanger the liberties guaranteed by the present Constitution. They are also granted liberty of meeting."
According to Article 42 of the 1993 Constitution, "Khmer Citizens shall have the right to establish associations and political parties. These rights shall be determined by law. Khmer citizens may take part in mass organizations for mutual benefit to protect national achievement and social order." References: 1947 Cambodia Constitution: Advocatetanmoy Law Library. https://advocatetanmoy.com/wp-content/uploads/2022/06/cambodia-constitution-1947.pdf 1993 Cambodia Constitution as revised up to 1999: https://pressocm.gov.kh/en/archives/9539 |
| Freedom of Association/History/Country sources/Cameroon | History | The 1961 Cameroon Constitution offered a general guarantee of those rights in the UDHR (of which one is freedom of association): "The Federal Republic of Cameroon is democratic, secular and social. It shall ensure the equality of all citizens before the law. It affirms its adherence to the fundamental freedoms set out in the Universal Declaration of Human Rights and the Charter of the United Nations." However, the 1961 Constitution did not discuss the right to freedom of association specifically.
Freedom of association is specifically guaranteed in the 1972 Cameroon Constitution: "the freedom of communication, of expression, of the press, of assembly, of association, and of trade unionism, as well as the right to strike shall be guaranteed under the conditions fixed by law" References: 1961 Constitution of Cameroon: https://condor.depaul.edu/mdelance/images/Pdfs/Federal%20Constitution%20of%20Cameroon.pdf 1972 Constitution of Cameroon as revised up to 2008: https://www.constituteproject.org/constitution/Cameroon_2008?lang=en |
| Freedom of Association/History/Country sources/Canada | History | Chapter 345 Section 5 of Saskatchewan’s Bill of Rights (1947) states that “every person and every class of persons shall enjoy the right to peaceable assembly with others and to form with others associations of any character under the law.”
Part 1 of the Canadian Bill of Rights (1960) lists “freedom of assembly and association” as a guaranteed right. This was an ordinary act of parliament, and it has been replaced by the Canadian Charter of Rights and Freedoms, an amendment to the Canadian Constitution. References: 1947 Saskatchewan Bill of Rights Act: https://www.canlii.org/en/sk/laws/astat/ss-1947-c-35/latest/ss-1947-c-35.html 1960 Canadian Bill of Rights: https://laws-lois.justice.gc.ca/eng/acts/c-12.3/page-1.html |
| Freedom of Association/History/Country sources/Cape Verde | History | Article 51 of the 1980 Cape Verde Constitution articulated the right to freedom of association.
References: Cape Verde's Constitution of 1980 with Amendments through 1992: https://www.constituteproject.org/constitution/Cape_Verde_1992 |
| Freedom of Association/History/Country sources/Central African Republic | History | Article 12 of the 1994 Constitution stated: "Every citizen has the right to freely constitute associations, groups, societies, and establishments of public utility under reservation of conformity to laws and regulations. The associations, groups, societies and establishments, of which the activities are contrary to public order as well and the unity and the cohesion of the Central African people, are prohibited."
References: Constitution of the Central African Republic, Adopted on 28 December 1994, promulgated on 14 January 1995: https://g7plus.fd.uc.pt/pdfs/CentralAfricanRepublic.pdf |
| Freedom of Association/History/Country sources/Chad | History | According to Article 5 of the 1959 Constitution of Chad, "citizens have the right to associate, to petition and to manifest freely their thoughts. The exercise of these rights has as its only limit the rights or the freedom of others and public security."
Freedom of Association continued to be protected under Article 28 of the 2018 Constitution of Chad: "The freedoms of opinion and of expression, of communication, of conscience, of religion, of the press, of association, of assembly, of movement, and of demonstration are guaranteed to all. They can only be limited in respect of the freedoms and rights of others and by the imperative to safeguard the public order and good mores. The law determines the conditions of their exercise." References: 1959 Chad Constitution: "Title I: Of the State, of Sovereignty and of the Public Freedoms," Constitution of the Republic of Chad 31 March 1959 (1959): 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zztd0003&id=3&men_tab=srchresults 2018 Chad Constitution: https://www.constituteproject.org/constitution/Chad_2018?lang=en |
| Freedom of Association/History/Country sources/Chile | History | Article 12.6 of the Chile Constitution of 1833, as amended to 1865 protected freedom of association.
References: Chile Constitution of 1833, as amended to 1865: Spanish text of the Constitution of 1833 as amended to 1865. 69 (2016) Chapter V: Public Law of Chile https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcl0286&id=3&men_tab=srchresults# |
| Freedom of Association/History/Country sources/China | History | Chapter 2-4 of the Provisional Constitution of the Republic of China (1912) stated that “citizens shall have the freedom of speech, of composition, of publication, of assembly and of association.”
Under the current government of China, Article 35 of the 2018 Constitution of the People’s Republic of China states: “Citizens of the People’s Republic of China shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.” References: 1912 Provisional Constitution of the Republic of China: “The Provisional Constitution of the Republic of China.” The American Journal of International Law 6, no. 3 (1912): 149–54. https://archive.org/details/jstor-2212590/page/n1/mode/2up China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018 |
| Freedom of Association/History/Country sources/Colombia | History | Article 5(8) of the 1853 Constitution of New Grenada offered a broad discussion of the freedom of assembly, including the right to unarmed assembly for the purpose: "to discuss any matters of public or private interest, and to express freely and without responsibility opinions upon the same." Article 56(11) of the 1858 Constitution of the Grenadine Federation guaranteed: "Freedom of unarmed association with such restrictions as the law may establish".
According to Article 38 of the 1991 Colombia Constitution: The right of free association for the promotion of various activities that individuals pursue in society is guaranteed." References: 1853 Constitution of New Grenada: English translation of the Spanish original text of the Constitution of 1853 202 (2009) Title I: The Republic of New Granada; and Granadines https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzco0029&id=2&men_tab=srchresults 1858 Constitution of the Grenadine Federation: English translation of the Spanish original text of the Constitution of 1858 240 (2009) Title V: Rights of Individuals 1991 Colombia Constitution (rev. 2015): https://constituteproject.org/constitution/Colombia_2015 |
| Freedom of Association/History/Country sources/Comoros | History | Article 21 of the 2018 Comoros Constitution asserts: "The freedom of thought and of expression, of association, of intellectual, artistic or cultural creation, of protest and the other freedoms consecrated by the Constitution, the laws and by the international law received within the juridical internal order, are guaranteed." |
| Freedom of Association/History/Country sources/Costa Rica | History | According to Article 25 of the 1949 Constitution, "The inhabitants of the Republic have the right of association for lawful purposes. No one may be compelled to form a part of any association whatsoever." http://hrlibrary.umn.edu/research/costarica-constitution.html |
| Freedom of Association/History/Country sources/Croatia | History | Article 43 of the 1991 Croatia Constitution states: "Everyone shall be guaranteed the right to freedom of association for the purposes of protection of their interests or promotion of their social, economic, political, national, cultural and other convictions and objectives. For this purpose, everyone may freely form trade unions and other associations, join them or leave them, in conformity with law. The exercise of this right shall be restricted by the prohibition of any violent threat to the democratic constitutional order and independence, unity and territorial integrity of the Republic of Croatia." https://www.constituteproject.org/constitution/Croatia_2013?lang=en |
| Freedom of Association/History/Country sources/Cuba | History | Article 54 of the 1976 Cuba Constitution states: "The rights of assembly, demonstration and association are exercised by workers, both manual and intellectual; peasants; women; students; and other sectors of the working people, [rights] to which they have the necessary ability (los medios necesarios) to exercise. The social and mass organizations have all the facilities they need to carry out those activities in which the members have full freedom of speech and opinion based on the unlimited right of initiative and criticism." https://constituteproject.org/constitution/Cuba_2002 |
| Freedom of Association/History/Country sources/Cyprus | History | Article 21, Section 2 of the 1960 Cyprus Constitution states: "Every person has the right to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.". There are limitations to this right in Article 21, Section 3-4: "No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are absolutely necessary only in the interests of the security of the Republic or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the rights and liberties guaranteed by this Constitution to any person, whether or not such person participates in such assembly or is a member of such association. Any association the object or activities of which are contrary to the constitutional order is prohibited." https://www.constituteproject.org/constitution/Cyprus_2013?lang=en |
| Freedom of Association/History/Country sources/Czech Republic | History | Article 20, section 1 of the 1992 Czechoslovakia Charter of Fundamental Rights and Freedoms guaranteed freedom of association. Section 3 of that same article described some limitations to this freedom: "The exercise of these rights may be limited only in cases specified by law, if it involves measures that are necessary in a democratic society for the security of the state, the protection of public security and public order, the prevention of crime, or the protection of the rights and freedoms of others." CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS. https://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/Pravni_uprava/AJ/Listina_English_version.pdf |
| Freedom of Association/History/Country sources/Democratic Republic of the Congo | History | According to Article 28 of the 1964 Constitution of the Democratic Republic of the Congo, citizens have the right to freedom of association. They also have the right to strike, and this entails the responsibility of the government to ensure that "vital public services or services of public interest" continue even during a strike. However, Article 29 forbids police officers, members of the military, and the Gendarmerie from striking and from joining trade unions or other political associations.
References: 1964 Constitution of the Democratic Republic of the Congo: https://en.wikisource.org/wiki/Translation:Constitution_of_the_Democratic_Republic_of_the_Congo_(1964)#Title_II._Fundamental_rights |
| Freedom of Association/History/Country sources/Denmark | History | According to Article 87 of the Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: "The citizens shall have the right, without previous authorization, to form associations for any lawful purpose. No association shall be dissolved by an order of the government. However, associations may be forbidden temporarily, but in such cases an action shall immediately be brought for the dissolution of such associations."
References: Fundamental Law of the Kingdom of Denmark [Revising the Fundamental Law of 1849], 1866: English translation of the Fundamental Law of 1866, revising that of 1849. 279 (1866) VIII: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdk0009&id=13&men_tab=srchresults |
| Freedom of Association/History/Country sources/Djibouti | History | Article 15 of the 1992 Constitution of the Republic of Djibouti guarantees both freedom of association and the right to strike.
References: 1992 Constitution of the Republic of Djibouti: "Title I: Of the State and Of Sovereignty," Constitution of the Republic of Djibouti, 15 September 1992 : 3-4 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdj0005&id=3&men_tab=srchresults |
| Freedom of Association/History/Country sources/Dominica | History | Article 11 of the 1978 Constitution of the Commonwealth of Dominica guarantees freedom of association, including trade union membership.
References: 1978 Constitution of the Commonwealth of Dominica: "Chapter I: Protection of Fundamental Rights and Freedoms," Commonwealth of Dominica Constitution Order, 1978 (1978): 2919-2934: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdm0004&id=17&men_tab=srchresults |
| Freedom of Association/History/Country sources/Dominican Republic | History | Article 30 of the 1844 Constitution of the Dominican Republic guarantees freedom of association.
References: 1844 Constitution of the Dominican Republic: Spanish orignal text of the Constitution of 1844 57 (2012) Chapter I: Of Sovereignty https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzdo0015&id=5&men_tab=srchresults |
| Freedom of Association/History/Country sources/East Timor | History | The first assertion of freedom of association in East Timor comes in its Constitution, ratified on May 20, 2002. The right is found in Part II, Title II, Section 43 (“Constitution of the Democratic Republic of Timor-Leste”, 2002). Section 43 states: "1. Everyone is guaranteed freedom of association provided that the association is not intended to promote violence and is in accordance with the law.
2. No one shall be compelled to join an association or to remain in it against his or her will. 3. The establishment of armed, military or paramilitary associations, including organisations of a racist or xenophobic nature or that promote terrorism, shall be prohibited." Also relevant to freedom of association is the defense of freedom of assembly in Section 42 of the 2002 East Timor Constitution: "1. Everyone is guaranteed the freedom to assemble peacefully and unarmed, without a need for prior authorisation. 2. Everyone is recognised the right to demonstrate in accordance with the law." References: 2002. Constitution of the Democratic Republic of Timor-Leste. http://timor-leste.gov.tl/wp-content/uploads/2010/03/Constitution_RDTL_ENG.pdf. |
| Freedom of Association/History/Country sources/Ecuador | History | Elements of freedom of association in Ecuador can be found in the Constitution of 1869, ratified on August 11. The right comes in Title XI, Article 109: "Equatorians have the right to assemble without arms, provided they respect religon, morality, and public order."
Article 24 of the 1897 Constitution of Ecuador was more explicit about freedom of association: "There shall be liberty of meeting and association, without arms, for purposes not prohibited by the laws." The current Constitution, ratified in 2008, asserts the right in Article 66 (“Ecuador 2008 (rev. 2021) Constitution”, 2021). References: 1869 Constitution of Ecuador: English translation of the original Constitution of 1869 1244 (2010) Title XI: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0003&id=16&men_tab=srchresults 1897 Constitution of Ecuador: English translation of the original Constitution of 1897 1098 (2010) Chapter IV: Of Guarantees https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzec0008&id=4&men_tab=srchresults 2021. “Ecuador 2008 (Rev. 2021) Constitution.” 2021. ConstitutionNet. https://www.constituteproject.org/constitution/Ecuador_2021?lang=en. |
| Freedom of Association/History/Country sources/Egypt | History | The first known assertion of the right to association in Egypt was in the Royal Decree No. 42 of 1923, which established a Constitutional system of government in monarchical Egypt. The right is established in Part II, Article 21 (“Royal Decree No. 42 of 1923”, 1923).
References: 1923. Royal Decree No. 42 of 1923. https://constitutionnet.org/sites/default/files/1923_-_egyptian_constitution_english_1.pdf. |
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