Most countries

Is this right protected in the Constitutions of most countries today?

Right	Breakout	Contents
Freedom of Association		Constitutions written after 1900 very often protect free association. As the right to free association is upheld by numerous United Nations treaties, for example, the European Convention on Human Rights, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights, it would be expected that most countries maintain legal provisions protecting it. Though, investigated by UN Special Rapporteur Maina Kiai, many countries enforce legislation that explicitly restricts civilians’ entitlements to free association (International Center for Not-for-Profit Law). For example, noted by Kiai, in Malaysia, the Peaceful Assembly Act 2012 bans individuals under the age of twenty one from organizing public demonstrations. Additionally, stipulated by the same act, children under the age of fifteen cannot participate in demonstrations. Article 33 of the Constitution of Mexico, Kiai asserts, prohibits foreigners from engaging with Mexican politics. Similarly, Kiai notes that in Myanmar, Article 354 prohibits foreigners from assembling. Through these various forms of legislation, political and social association are highly restricted, as individuals are prohibited from expressing their associations through protest and civic engagement. Additionally, Kiai presents how legal restrictions on sexual orientation limit free association in several countries. For example, in Russia, a ban on gay pride parades was upheld by Moscow’s city council in 2012. Likewise, in Nigeria, the President ushered in the Same Sex Marriage Act in 2014, prohibting gay marriage and the ability to “participate in or support gay clubs, societies, organizations, processions or meeting.” Kiai notes a similar anti-homosexuality law was signed by Uganda’s president in 2014. Demonstrated by these numerous legal restrictions to homosexuality, free association is unprotected in numerous countries, as one can often be punished for associating with a specific sexual orientation. In the remainder of his report, Kiai continues to elaborate on numerous legal provisions that restrict free association. For example, Kiai notes how both Chile and Turkey utilize counter-terrorism legislation to restrict free association. Similarly, he explains how criminal laws in Vietnam and El Salvador often deter individuals from exercising their rights to free association, as their voices may be met with harsh penalties from their governments. Witnessed through Kiai’s reporting, the restrictions to free association are plentiful. This ultimately demonstrates that despite its entitlement by numerous United Nations treaties, the right to free association is highly vulnerable to violation and not widely internationally upheld.
Freedom of Expression		The right to free expression, expressed in terms of freedom of speech, is “formally granted by the laws of most nations” (World Population Review), though the degree of liberty that comes with entitlements to free expression may differ. Furthermore, a Free Expression Index generated by Pew Research Center in 2015 demonstrates one method for comparing the strength of free expression internationally (Pew Research Center). In developing the index, Pew surveyed 38 countries on eight questions pertaining to free expression. Pew proceeded to then rank the countries on a scale of zero to eight-eight meaning the country fully supported free expression. From their results, the United States and Canada demonstrated the highest levels of free expression, with scores of 5.73 and 5.08 respectively, while Senegal and Burkina Faso showed the lowest levels of free expression, with scores of 2.06 and 2.94, respectively. Thus, demonstrated by the Pew Research index, while many countries may support free expression within their constitutions, the degree to which free expression is practiced and enforced often varies. References: Pew Research Center: “Global Support for Principle of Free Expression, but Opposition to Some Forms of Speech,” November 8, 2015: https://www.pewresearch.org/global/2015/11/18/global-support-for-principle-of-free-expression-but-opposition-to-some-forms-of-speech/ (Accessed November 9, 2022 World Population Review: https://worldpopulationreview.com/country-rankings/countries-with-freedom-of-speech (Accessed November 9, 2022)
Freedom of Religion		Most countries in the modern world protect freedom of religion in their constitutions; however, the extent to which the right is truly protected in practice ranges from state to state. The U.S. State Department names and publicly shames eight “Countries of Particular Concern” that systematically and consistently violate religious freedom rights within their borders: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan (Pellot 2014). The Freedom of Thought Report by Humanists International found that you can be put to death for expressing atheism in an astonishing thirteen countries. Also, in thirty-nine countries the law mandates a prison sentence for blasphemy, including six surprising western countries: Iceland (up to three months), Denmark (up to four months), New Zealand (up to a year), Poland (up to two years), Germany (up to three years) and Greece (up to three years). Although the right may be protected in many states' constitutions, freedom of religion is severely lacking in many countries around the world. REFERENCES Pellot, Brian. “The Worst Countries for Religious Freedom.” Index on Censorship, 3 Jan. 2014, www.indexoncensorship.org/2014/01/worst-countries-religious-freedom/.
Voting Rights and Suffrage		The right to vote has developed into an international norm over the past several decades, one often made an element of national constitutions. The widespread suffrage we see today was achieved through the struggle of advocates for democracy around the globe. Other political forces, beyond national constitutions, have also guided the global development of voting rights, to some degree. International and regional conventions on human, civic, and political rights further encourage states to protect their citizens’ right to vote. Examples include The Universal Declaration of Human Rights (UDHR), The International Covenant on Civil and Political Rights (ICCPR), and the Organization of American States (OAS), to name just a few. (Kirshner, 2003) Though ambitious, such conventions are rarely legally binding, thus lacking enforcement. Furthermore, they present a general framework that allows national governments to find and exploit loopholes based on their own interests, should they desire to do so. A government’s motivation plays a key role in how it implements voting rights. While we typically think of suffrage as a way of empowering citizens, it functions just as easily as a tool of legitimation to counter both domestic and international criticism. The latter function is common in “anocratic” states that blend democracy with authoritarianism, and can use voting rights as an attempt to gain clout and legitimacy in the global arena. (Global Citizen) References: Global Citizen. “What Democracy and Voting Rights Look Like Around the World.” n.d. Global Citizen. Accessed June 9, 2021. https://www.globalcitizen.org/en/content/its-2016-here-is-the-state-of-voting-rights-around/. Kirshner, Alexander. 2003. “The International Status of the Right to Vote.” Democracy Coalition Project.