Property:Contents
Jump to navigation
Jump to search
F
Palau protects freedom of association in the Constitution of the Republic of Palau, enacted in 1981. Under Article IV, Section 3, “the government shall take no action to deny or impair the right of any person to … associate with others for any lawful purpose including the right to organize and to bargain collectively.”
“Constitution of the Republic of Palau.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpu0001&id=5&collection=cow&index=. +
Freedom of association is protected under the first constitution of Panama, enacted in 1904 shortly after the country’s independence. Article 20 guarantees Panamanians’ right to “to form associations for all the legitimate purposes of life.”
Comparative Constitutions Project. “Constitution of the Republic of Panama.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzpa0048&id=1&men_tab=srchresults. +
Papua New Guinea makes provision for freedom of association in its constitution, enacted upon independence in 1975. Under Section 47, every individual has the right to freely associate with “political parties, industrial organizations, or other associations.” This right, however, is listed under the heading of “qualified rights,” so that its application is subjected to several qualifications laid out in Section 38.
“Constitution of the Independent State of Papua New Guinea.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/COWShow?collection=cow&cow_id=322. +
Freedom of association is recognized in Paraguayan law in the 1870 constitution. Under Article 18, Paraguayans have the right to “associate with each other for useful purposes,” though “subject to the proper rules and regulations.”
Comparative Constitutions Project. “Constitution of the Republic of Paraguay.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzpy0009&id=2&men_tab=srchresults. +
Peru protects freedom of association in the Political Constitution of the Republic of Peru, promulgated in 1856. According to Article XXVIII, “all citizens possess the right of meeting together peaceably, whether in public or in private, provided public order be not compromised.”
British and Foreign State Papers (1856-1857). “Political Constitution of the Republic of Peru – Lima, October 13, 1856.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0047&id=1171. +
The constitution of the First Philippine Republic, also known as the Malolos Constitution and passed in 1899 during the struggle for independence from Spain, represents the first mention of freedom of association in Philippine law. Under Article 20, no Filipino may be deprived of the “right of association for purposes of human life and which are not contrary to public morals.”
The LawPhil Project. “1899 Constitution of the Republic of the Philippines (Malolos Convention).” Arellano Law Foundation, July 24, 2023, https://lawphil.net/consti/consmalo.html. +
The concept of freedom of association, understood as the right of individuals to organize and participate in groups, is a fundamental aspect of contemporary democratic societies (Human Rights House Foundation, n.d.). It encompasses the freedom to form and join groups for cultural, political, social, or economic purposes without undue interference from the state (UN Human Rights Council 2012, 5). In the context of Platonic thought, particularly as articulated in Plato's Republic through [the character of] Socrates, the idea of freedom of association is not explicitly addressed in the way it is today. However, the rigid social structure and regimentation described therein offer a valuable contrast, shedding light on Plato's perspective on the necessity of order and the implications for freedom of association.
In Republic, Plato envisions an ideal society structured along strict class lines: rulers (philosopher-kings and guardians), auxiliaries (warriors and defenders), and producers (laborers, farmers, artisans) (Grayling,2019, p. 71). This arrangement is based on the premise that “One man is naturally fitted for one task, and another for another” (Republic, Book II, 370b) and is designed to ensure that each person contributes in a manner best suited to their capability so that “the state will be happy” and in harmony (Grayling, 2019, p.72)
The rulers, or philosopher-kings, are described as the wisest and most rational individuals, who are best suited to govern the city with wisdom and justice. They are “those for whom the truth is the spectacle of which they are enamored” (Republic, 475e) and without which “there can be no cessation of troubles” (Republic, 473c-d). The second class, the auxiliaries, are responsible for protecting the city and enforcing the rulers' decisions. These individuals must be spirited and courageous, capable of performing the tasks of soldiers and guarding the city both from internal and external threat (Republic, 374a-d, 414a-434c). The third class consists of the producers, who are individuals tasked with producing the goods and services necessary for the city's survival. They are described as constituting the mass, with multifarious occupations, who supply the wants of the whole city and live by their labor (Republic, 370ba-371c).
Together, these three classes create a hierarchical structure that mirrors Plato’s doctrine of the tripartite soul, where reason, spirit, and appetites must each perform their proper function to achieve inner harmony and justice (Plato, The Republic, trans. Jowett, Introduction, para 85-100). Just as the well-ordered soul is governed by reason to maintain internal balance, the well-ordered society is governed by a ruling class that ensures each individual's actions contribute to the collective good. Plato's idea of freedom is deeply tied to this concept of inner and societal harmony, where true freedom is the ability to perform one's role without interference, thus achieving justice (Stalley, 1998, p. 146). In contrast, injustice, both in the soul and the society, arises when the natural order is disrupted, i.e., when the appetites overpower reason in the soul or when individuals overstep their roles in the state.
The process of achieving and maintaining such a society is intended to be soft, grounded in education and moral conditioning rather than overt force. “[…] the beginning is the most important part of any work, especially in the case of a young and tender thing; for that is the time at which the character is being formed and the desired impression is more readily taken” (The Republic, trans. Jowett, Book II). Education in Plato's ideal state is designed to mold citizens from a young age to accept and internalize their assigned roles. This educational system limits exposure to alternative viewpoints and associations that might challenge the established order, thereby reinforcing state control over personal affiliations.
Though such regimentation is intended to maintain social order and prevent conflicts arising from unregulated individual desires, it also means that individual choices regarding associations and roles are heavily restricted, as the state determines each person's place within the social structure. Individuals do not have the freedom to choose their profession or social group based on personal preferences; rather, they are assigned roles that align with their natural abilities, identified through careful observation (The Republic of Plato, trans. Bloom, 412e). This concept is encapsulated in the "myth of the metals,” where Socrates explains that all citizens are born from the earth and are brothers, “but the god in fashioning those of you who are fitted to hold rule, mixed gold in at their birth; this is why they are most honored: in auxiliaries, silver, and iron and bronze in the farmers and the other craftsmen” (The Republic of Plato, trans. Bloom, 415a). While people generally inherit their parents' metal, exceptions occur, allowing for some social mobility based on individual ability. The “first and foremost” task of rulers is to ensure that each person is assigned a role that corresponds to their true nature, even if it means reassigning their own children to a lower class. This tale or “noble lie” is intended to promote social harmony and acceptance of one's place in society by suggesting that each person's role is divinely ordained and suited to their natural abilities. There is little opportunity for interaction beyond what is necessary for the functioning of the state, further constraining personal freedom of association.
This is also evident in the communal lifestyle prescribed for the guardian class, where personal interests (including private property) and family ties are sacrificed for the sake of the state's harmony. “With everyone he happens to meet, he’ll hold that he’s meeting a brother, or a sister, or a father, or a son, or a daughter or their descendants or ancestors” (The Republic of Plato, trans. Bloom, 463c). Although this communal living arrangement is designed to prevent conflicts of interest, corruption, and favoritism, the freedom to form personal relationships is significantly curtailed, with the state's needs taking precedence over that of the individual’s.
References
Grayling, A.C. The History of Philosophy. Penguin Random House UK, 2019, 58-80.
Human Rights House Foundation. "Freedom of Association." Accessed June 21, 2024. https://humanrightshouse.org/we-stand-for/freedom-of association/#:~:text=Freedom%20of%20association%20is%20one,groups%2C%20either%20formally%20or%20informally.
Plato. The Republic. Translated by Benjamin Jowett. Project Gutenberg. Accessed June 20, 2024. https://www.gutenberg.org/cache/epub/1497/pg1497-images.html.
Plato. The Republic of Plato. Translated by Allan Bloom. New York: Basic Books, 1968.
Republic. In Perseus Digital Library. Accessed June 21, 2024. https://www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.01.0168%3Abook%3D5%3Asection%3D473c.
Stalley, R. F. "Plato's Doctrine of Freedom." Proceedings of the Aristotelian Society, New Series, Vol. 98 (1998): 145-158. Published by Oxford University Press on behalf of The Aristotelian Society. Accessed June 22, 2024. https://www.jstor.org/stable/4545279.
UN Human Rights Council. "Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association." 2012. https://www.ohchr.org/sites/default/files/Documents/HRBodies/HRCouncil/RegularSession/Session20/A-HRC-20-27_en.pdf
Freedom of association was initially protected in the 1921 constitution, passed following the establishment of the first modern Polish state in the aftermath of World War I. Article 108 says that citizens have “the right of meeting and of association, as well as that of founding societies and unions;” it then says that “the application of these rights is regulated by law.”
“The Constitution of the Polish Republic.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpl0051&collection=cow. +
Article 46 of the Portugese Constitution ([[Probable year:: 1976]]) :
“Citizens shall possess the right to freely associate with one another without requiring any authorisation, on condition that such associations are not intended to promote violence and their purposes are not contrary to the criminal law.”
“Associations shall pursue their purposes freely and without interference from the public authorities and shall not be dissolved by the state or have their activities suspended, except in such cases as the law may provide for and then only by judicial order.”
“No one shall be obliged to belong to an association, or be coerced to remain therein by any means.”
“Armed associations, military, militarised or paramilitary-type associations and organisations that are racist or display a fascist ideology shall not be permitted.”
Portugal first protected freedom of association in the Constitution of the Portuguese Monarchy, promulgated in 1838. Under Article XIV, “all citizens have the right of assembling together conformably to the laws.” The article subsequently lays out specifications for how it is to be applied, and concludes with “a special law shall regulate, in other respects, the exercise of this right.”
British and Foreign State Papers (1838-1839). “Constitution of the Portuguese Monarchy – Promulgated at Lisbon, April 4, 1838.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0027&id=775&men_tab=srchresults. +
The first mention of freedom of association in Qatar’s laws is found in the Permanent Constitution of the State of Qatar, promulgated in 2004. Article 45 says that “the right of citizens to establish association is guaranteed in accordance with the conditions and circumstances set forth in the law.”
Qatar Ministry of Foreign Affairs. “Permanent Constitution of the State of Qatar.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzqa0002&id=2&men_tab=srchresults. +
Freedom of association is conditionally protected “personal liberty” under Article 40, Section 6, Subsection 1.iii of the 1937 Irish Constitution which states that “The right of the citizens to form associations and unions [is a guaranteed liberty]. Laws, however, may be enacted for the regulation and control in the public interest of the exercise of the foregoing right” (constituteproject.org).
“Ireland 1937 (Rev. 2019) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Ireland_2019. +
According to Article 10 of the 1963 Constitution of the Republic of the Congo, "Freedom of association is guaranteed to all under the conditions established by law. Meetings or groups whose purpose or activity would be illegal or contrary to public order shall be prohibited."
1963 Constitution of the Republic of the Congo: English translation of the French original text of the Constitution of Constitution of the Republic of the Congo (Brazzaville), December 8, 1963. 87 (2016) Title II: Public Liberties and Liberties of the Human Person: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzcg0022&id=2&men_tab=srchresults +
Romania protects freedom of association in its first constitution, adopted in 1866. Under Article 27, “Romanians have the right to associate, [in accordance with] the laws that regulate the exercise of this right.”
“Constitutiunea Romaniei din 1866.” Constitutia Romaniei, July 24, 2023, https://www.constitutia.ro/const1866.htm. +
Possibly the first mention of freedom of association in the law of the Russian state is in the October Manifesto, issued by Tsar Nicholas II in response to the mass unrest of the Revolution of 1905. The Manifesto pledged to guarantee to all Russian citizens “the essential foundations of civil freedom, based on the principles of genuine inviolability of the person, freedom of conscience, speech, assembly, and association.”
“Manifesto of October 17, 1905.” Seton Hall University, July 24, 2023, https://academic.shu.edu/russianhistory/index.php/Manifesto_of_October_17th,_1905#:~:text=The%20disturbances%20that%20have%20taken,is%20dangerous%20to%20Our%20state. +
Rwanda provides for freedom of association in its 1962 constitution, promulgated shortly after independence. Under Article 19, “all citizens have the right to freely form associations or societies, subject to… the formalities [laid down by] laws and regulations.”
Nouvelles Constitutions Africaines. “Constitution de la Republique Rwandaise.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/noucoaf0001&collection=cow&index=alpha/N_cowbooks&id=15. +
Chapter 2 Article 13 specifies the protection of freedom of assembly and association. Saint Kitts and Nevis became fully independent from Britain in 1983. The constitution was adopted the same year. Also in this section are the conditions under which limitations of this freedom may be imposed.
The Government of St. Kitts and Nevis. “The Constitution of Saint Christopher and Nevis. 2023. https://www.gov.kn/the-constitution/ +
Chapter 1 Article 11 of the Constitution of Saint Lucia regards freedom of association and assembly. Saint Lucia became independent from the British Commonwealth in February 1979, however, the Constitution was drafted in 1978, then coming into operation on the day of independence.
Georgetown University. “Saint Lucia Constitutional Order 1978” https://pdba.georgetown.edu/Constitutions/Lucia/Luc78.html
Saint Lucia “let her inspire you.” History and culture. https://www.stlucia.org/en/discover-saint-lucia/history-culture/ +
Chapter 1 Article 11 specifies the protection of freedom of assembly and association. Autonomy was granted in 1969 and the first draft of the constitution was written. When complete independence was gained in 1979, The constitution was revised and adopted.
Constitution of Saint Vincent and the Grenadines 1979. Organization of American States. http://www.oas.org/es/sla/dlc/mesicic/docs/mesicic4_svg_const.pdf
CIA World Factbook. Saint Vincent and The Grenadines. https://www.cia.gov/the-world-factbook/countries/saint-vincent-and-the-grenadines/ +
Part 2 Section 13 of the Constitution lists the rights regarding freedom of speech, assembly, association, movement and residence. The Constitution was first drafted in 1954, in a constitutional convention with New Zealand. The Final draft was approved in 1962, The year of independence.
Britannica. Samoa https://www.britannica.com/place/Samoa-island-nation-Pacific-Ocean/History
CONSTITUTION OF THE INDEPENDENT STATE OF SAMOA. International Labour Organization. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/44021/124322/F-82949215/WSM44021.pdf +
Article 6 of The Declaration of Citizens' Rights and of the fundamental principles of the San Marinese legal order specifies Freedom of Association. The Constitution of San Marino, from 1600, does not specify the individual rights so the Declaration of Citizen’s Rights and fundamental principles of San Marino was adopted on July 8,1974.
Declaration of Citizens Rights and Fundamental Principles of San Marino. Rights of Assembly. https://www.rightofassembly.info/assets/downloads/1974_Constitution_of_San_Marino.pdf
CIA World Factbook. San Marino. https://www.cia.gov/the-world-factbook/countries/san-marino/ +