Freedom of Association

The timeline requires Javascript

What is the oldest source in any country that mentions this right? 🖉 edit

John Locke’s “A Letter Concerning Toleration” (1689) primarily concerns religious associations, but he extends certain arguments to associations in general. The text in the next paragraph is Boyd’s summarization (241), where sections in quotes come directly from “A Letter.” As Boyd notes, though Locke defends policies that allow freer association, he does so because of their practical benefits, not because it is a fundamental right. (Boyd, 241)

"'Suppose this Business of Religion were let alone,' Locke hypothesizes, 'and that there were some other Distinction made between men and men, upon account of their different Complexions, Shapes, and Features.' Under conditions of differential treatment, such persons, 'united together by one common persecution,' would become just as dangerous and disruptive. Conversely, if the state eliminated special privileges, on the one hand, or disproportionate burdens, on the other, then supposedly intractable religious or ethnic affiliations would become matters of complete indifference, no more or less contentious than other private decisions about how to spend one’s money, manage one’s estates, or marry off one’s daughter." (Boyd, 241)

Though Enlightenment commentators like Locke argued for and against greater freedom to associate. However, the first to mention it as an absolute right was John Stuart Mill, who argues in On Liberty that “from this liberty of each individual, follows the liberty, within the same limits, of combination among individuals; freedom to unite, for any purpose not involving harm to others: the persons combining being supposed to be of full age, and not forced or deceived” (1859, 16).

References:

Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262.

Mill, John Stuart. On Liberty. Oxford World Classics

What historical forces or events, if any, contributed to a widespread belief in its importance? 🖉 edit

Assertions of freedom of association as a right first emerged during the Enlightenment period of the 17th and 18th centuries from philosophers such as Locke and Montesquieu. Locke forms his argument on a larger scale in terms of political society as a whole: “Nothing can make any man so but his actually entering into [society] by positive engagement and express promise and compact. This is that which, I think, concerning the beginning of political societies, and that consent which makes any one a member of any commonwealth” (Locke 1690, 158). Montesquieu however specifies his argument in terms of economic associations: “… all associations of merchants, in order to carry on a particular commerce, are seldom proper in absolute governments” (Montesquieu 1748, 352). Conversely, if associations are not “proper” in absolute governments, one can conclude that Montesquieu advocated for freedom of association as a necessary component of a democratic society to protect individual interests. While Enlightenment philosophers were among the first to raise the issue of association rights, it took several hundred years for it to be officially and legally codified. Major historical movements that have promoted freedom of association are of twofold importance: firstly, association rights are often exercised to highlight societal or political injustices, but the right itself also lends legitimacy to the people who want to see progress in their societies and governments.

In terms of formal acceptances of freedom of association, the first country-specific code emerged in France in 1789 and the United States in 1791. In the Declaration of the Rights of Man and the Citizen, Article 11 establishes that “the free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law” (“Declaration of the Rights of Man”). Shortly after the publication of this document, the First Amendment to the Constitution of the United States was ratified, ensuring that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution. Amendment I). While freedom of association is not explicitly identified here, the freedoms that are listed are specific elements of what constitutes freedom of association as a whole.

CODIFIED LAWS THAT PROTECT FREEDOM OF ASSOCIATION

The promotion of freedom of association did not emerge on an international scale until after World War II. First in 1948 with the adoption of the United Nations’ Universal Declaration of Human Rights (UDHR), Article 20 provides that “everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association." This was the first international agreement to refer to human rights and liberties that everyone should enjoy, regardless of nationality or citizenship. And while this is not a universally legally binding document, it serves as a baseline for legal frameworks around the world and establishes freedom of association as a fundamental right of democratic societies. Building upon the UDHR later in 1966, the UN established the International Covenant on Civil and Political Rights (ICCPR) to ensure the protection of fundamental civil and political rights in each of its participant countries. Article 22 states that:

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others…

While the UDHR is an internationally focused agreement, it is not legally binding for the partner countries and therefore has no real jurisdiction or right to action. Conversely, the ICCPR as a legal document guarantees the rights it establishes in each country that ratifies the Covenant.

AMERICAN LABOR AND TRADE UNION MOVEMENT

The American labor and trade union movement of the early 20th century was a major historical force that contributed to a more widespread belief in freedom of association. In light of the industrialization of the 18th and 19th centuries, the movement fought for the rights of workers to form trade unions and bargain collectively. As we saw in the UDHR, one can think of union membership as an exercise of freedom of association. An example from the decade before the promulgation of the UDHR that might make this clear is the passage of the National Labor Relations Act into law in 1935. Its main objective was to guarantee freedom of association for employees via the formation of union organizations. Section 7. C provides that “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection…” (United States Code: National Labor Relations). Because of the work of trade organizations like the American Federation of Labor and Congress of Industrial Organizations, freedom of association was now a legally protected right for American employees in their places of work.

WOMEN’S SUFFRAGE

The women’s suffrage movement of the 19th and 20th centuries was greatly dependent on freedom of association as a means of action, and it also helped to promote a more widespread belief in this freedom as a fundamental right. Organizations like the National American Woman Suffrage Association (NAWSA) in the US and the Women's Social and Political Union (WSPU) in the UK were instrumental in organizing efforts of like-minded people who wanted to see gender equality for political rights. One of the most notable events of the movement was the Seneca Falls Convention that convened in 1848. At this convention, Elizabeth Cady Stanton produced the Declaration of Sentiments, which explained both what activists wanted to see produced from their actions (i.e., gender equality socially, politically, religiously, and economically), but also how they planned to use freedom of association to publicize their message and complaints. The Declaration proclaims that “we shall employ agents, circulate tracts, petition the State and National legislatures, and endeavor to enlist the pulpit and the press on our behalf. We hope this Convention will be followed by a series of Conventions embracing every part of the country” (Stanton, 1848). By utilizing freedom of association to organize the efforts of their activists, they could achieve greater clarity of message and work more efficiently to bring their goals to fruition.

AMERICAN CIVIL RIGHTS MOVEMENT

Similar to the women’s suffrage movement, the Civil Rights Movement in America was highly dependent on the right to join organizations of one’s choosing and therefore was crucial to affirming the importance of freedom of association. But unlike the suffrage movement, there was an added barrier to the free utilization of this right— institutionalized racial segregation and discrimination. Organizations like the National Association for the Advancement of Colored People (NAACP) and the Student Nonviolent Coordinating Committee (SNCC) emerged as a way for like-minded individuals to coordinate efforts and provide support for other activists, but they were often met with resistance on grounds of racial discrimination. In the landmark case NAACP v. Alabama, John Patterson sued the state in an attempt to ban the organization from operating in Alabama based on the argument that “the NAACP was a foreign corporation not qualified to do business in Alabama” (Rubinowitz 2017, 1237). Patterson then “obtained an order compelling the NAACP to provide its membership list as part of the state’s assessment of the organization.” But “the organization refused to comply because of the harm that would cause both the individual members and the NAACP itself" (Rubinowitz 2017, 1237). The case reached the Supreme Court in 1958, and a unanimous Court decided in favor of the petitioners, explaining that “in the circumstances of this case, compelled disclosure of petitioner's membership lists is likely to constitute an effective restraint on its members' freedom of association…” (NAACP v. Alabama 357, 1958).

ANTI-APARTHEID MOVEMENT

The anti-apartheid movement in South Africa spanned several decades of the 20th century and was aimed at dismantling the systemic racism that the government of South Africa was built on. It utilized and promoted freedom of association as a means to organize resistance efforts and promote fundamental equality which contributed to a widespread belief in this right. The African National Congress (ANC) was the primary group leading the liberation movement for many years before being forced to go underground in the 1960s. Despite this, and after decades of repression, censorship, and violence at the hands of the apartheid government, the resistance efforts reached new heights in the 1980s. As more community organizations began to appear, it became clear that there was a need for greater structure to achieve their goals of liberation. This led to the creation of organizations like the United Democratic Front (UDF) and Congress of South African Trade Unions (COSATU). The importance of these organizations cannot be overstated-- it was the persistent efforts of anti-apartheid associations that won out in the end and put the ANC in power from 1994 onwards (ANC History: The Struggle for People’s Power, 2023).

SOLIDARITY

The Solidarity movement was a trade union movement in Poland in the late 20th century that leveraged freedom of association to protest the communist regime. Communist rule in Poland had long been unpopular, and Solidarity was not the first movement to arise in opposition to them, but it was the first to successfully utilize the right of association to produce change which proved its importance as a fundamental right (Bartkowski 2009, 2). Following years of economic decline, Poland saw massive labor strikes in the summer of 1980. The trade union Solidarity was born out of the Gdansk Shipyard under the leadership of Lech Walesa and was legalized by the Polish government shortly thereafter as they determined that “it is considered expedient to establish new self-governing trade unions that will genuinely represent the working class” (Gdansk Agreement 1980, 11). They became the first legal trade union in the Eastern Bloc, and they eventually grew into a popular political movement. But as its popularity and size continued to develop, the communist regime imposed martial law and forced Solidarity underground. However, Solidarity survived this repression and later played a key role in the appointment of the country’s first non-communist prime minister nearly a decade later (Bartkowski, 2009).

References:

“ANC History.” African National Congress. Accessed June 16, 2023. https://www.anc1912.org.za/history/. Baron de Montesquieu, Charles de Secondat. The Spirit of the Laws. Translated by Thomas Nugent. Batoche Books, 2001.

Bartkowski, Maciej. “Poland’s Solidarity Movement (1980-1989).” International Center on Nonviolent Conflict, December 2009. https://www.nonviolent-conflict.org/polands-solidarity-movement-1980-1989/.

“Declaration of the Rights of Man.” Avalon Project. Accessed June 16, 2023. https://avalon.law.yale.edu/18th_century/rightsof.asp.

Khronika Press. “The Gdansk Agreement: Protocol of Agreement between the Government Commission and the Interfactory Strike Committee Concluded on August 31, 1980 at Gdansk Shipyards.” World Affairs 145, no. 1 (1982): 11–19. http://www.jstor.org/stable/20671927.

Locke, John. “Of the Beginning of Political Societies.” Essay. In Two Treatises of Government 10, 10:146–58. London: Thomas Tegg et. al, 1823.

NAACP v. Alabama ex rel. Patterson (U.S. Supreme Court June 30, 1958).

Rubinowitz, Leonard S. 2017. “The Courage of Civil Rights Lawyers: Fred Gray and His Colleagues.” Case Western Reserve Law Review 67 (4): 1227–75. https://search-ebscohost-com.uc.idm.oclc.org/login.aspx?direct=true&db=a9h&AN=123785450&site=ehost-live&scope=site.

Stanton, Elizabeth Cady. “The Declaration of Sentiments.” The Seneca Falls Declaration 1848 . Accessed June 16, 2023. http://www.let.rug.nl/usa/documents/1826-1850/the-seneca-falls-declaration-1848.php.

United Nations General Assembly. International Covenant on Civil and Political Rights (ICCPR). New York: United Nations General Assembly, 16 December 1966.

United Nations General Assembly. The Universal Declaration of Human Rights (UDHR). New York: United Nations General Assembly, 1948.

U.S. Constitution. Amendment I

United States Code: National Labor Relations, 29 U.S.C. §§ 151-166 Suppl. 2 . 1935.

What is the oldest written source in this country that mentions this right?

Afghanistan 🖉 edit

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

Albania 🖉 edit

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

Algeria 🖉 edit

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.

Andorra 🖉 edit

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

Angola 🖉 edit

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

Antigua and Barbuda 🖉 edit

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

Argentina 🖉 edit

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

Armenia 🖉 edit

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

Australia 🖉 edit

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

Austria 🖉 edit

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

Azerbaijan 🖉 edit

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.

The Bahamas 🖉 edit

According to Article 24(1) of the 1973 Bahamas Constitution "Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful 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 association for the protection of his interests." Article 24(2) describes potential grounds or conditions for exception to this right: "Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this Article to the extent that the law in question makes provision- (a) which is reasonably required- (i) in the interest of defence, public safety, public order, public morality or public health; or (ii) for the purpose of protecting the rights and freedoms of other persons; or (b) which imposes restriction upon person s holding office under the Crown or upon members of a discipline force, 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:

1973 Bahamas Constitution: https://www.bahamas.gov.bs/wps/wcm/connect/04fb4632-1bd7-414f-b66e-9c499b382480/Chap+3+Protection+rights+and+freedoms.pdf?MOD=AJPERES

Bahrain 🖉 edit

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.

Bangladesh 🖉 edit

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

Barbados 🖉 edit

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

Belarus 🖉 edit

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

Belgium 🖉 edit

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

Belize 🖉 edit

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

Benin 🖉 edit

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

Bhutan 🖉 edit

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

Bolivia 🖉 edit

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

Bosnia and Herzegovina 🖉 edit

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

Botswana 🖉 edit

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

Brazil 🖉 edit

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.

Brunei 🖉 edit

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/

Bulgaria 🖉 edit

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

Burkina Faso 🖉 edit

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

Burundi 🖉 edit

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

Cambodia 🖉 edit

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

Cameroon 🖉 edit

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

Canada 🖉 edit

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

Cape Verde 🖉 edit

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

Central African Republic 🖉 edit

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

Chad 🖉 edit

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

Chile 🖉 edit

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#

China 🖉 edit

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

Colombia 🖉 edit

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

Comoros 🖉 edit

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."

Democratic Republic of the Congo 🖉 edit

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

Republic of the Congo 🖉 edit

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

Costa Rica 🖉 edit

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

Croatia 🖉 edit

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

Cuba 🖉 edit

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

Cyprus 🖉 edit

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

Czech Republic 🖉 edit

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

Denmark 🖉 edit

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

Djibouti 🖉 edit

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

Dominica 🖉 edit

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

Dominican Republic 🖉 edit

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

East Timor 🖉 edit

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.

Ecuador 🖉 edit

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.

Egypt 🖉 edit

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.

El Salvador 🖉 edit

Chapter 16, Section 73 of the 1841 Constitution of the State of Salvador discusses a right relevant to freedom of association - freedom of assembly: "Every citizen and inhabitant may freely express, write, and publish his opinion, without being subject to censorship, and with the sole condition of being answerable for the abuse of that liberty before a jury established by the law. In like manner, Salvadoreans may assemble peaceably and orderly to discuss questions of public interest, or to address petitions to the constituted authorities; but the originators of such meetings shall be held responsible for any disturbance which may occur."

The first assertion of the right to association in El Salvador was the Constitution of 1872, ratified November 9th. The right is located in Title III, Article 42 (“Constitución Política de la República de El Salvador de 1872”, 1872).

English translation of the Constitution of 1841. 218 (2010) "Chapter XVI: Declaration of the Rights, Duties, and Securities of the Nation, and of Salvadoreans in Particular," Political Constitution of the State of Salvador (1841): 218-222

“Constitución Política de La República de El Salvador de 1872.” 1872. Biblioteca Virtual Miguel de Cervantes. November 9. https://www.cervantesvirtual.com/obra-visor/constitucion-politica-de-la-republica-de-el-salvador-de-1872/html/04982632-e83f-491a-873b-3bbf5d5fb62f_2.html.

Equatorial Guinea 🖉 edit

The first assertion of the right to association in Equatorial Guinea was in their first constitution, ratified on October 12, 1968. The right is established in Chapter 1, Article 3 (“Constitution of Equatorial Guinea (1968)”, 2023).

“Constitution of Equatorial Guinea (1968).” 2023. Wikisource. Wikimedia Foundation, Inc. June 27. https://en.wikisource.org/wiki/Constitution_of_Equatorial_Guinea_(1968).

Eritrea 🖉 edit

The first assertion of the right to freedom of association in Eritrea is in the Constitution ratified on May 23, 1997. The right is located in Chapter 1, Article 19 (“Eritrea 1997 Constitution”, 1997).

“Eritrea 1997 Constitution.” 1997. Constitute. May 23. https://www.constituteproject.org/constitution/Eritrea_1997?lang=en.

Estonia 🖉 edit

The first assertion of a right to association in Estonia is in the Estonian Declaration of Independence, written on February 23, 1918. The right is asserted as the third of the numbered principles in the Declaration. (“Estonian Declaration of Independence”, 1918)

“Estonian Declaration of Independence.” 1918. Declaration Project. February 23. https://declarationproject.org/?p=1725.

Eswatini 🖉 edit

The Constitution of Eswatini, ratified October 4, 2004, was the first official document to protect association. The right is protected under Chapter III, Article 25 (“Eswatini 2005 Constitution”, 2004).

“Eswatini 2005 Constitution.” 2004. Constitute. October 4. https://www.constituteproject.org/constitution/Swaziland_2005?lang=en.

Ethiopia 🖉 edit

The first assertion of the right to association in Ethiopia was in the 1955 revised Constitution, ratified on 24 Tekempt in the Ethiopian Calender, which is November 3rd. The assertion of the right is located in chapter 1, article 47 (“1955 revised constitution of Ethiopia”, 1948). “1955 Revised Constitution of Ethiopia.” 1948. European Legal Brief. November 3. https://chilot.files.wordpress.com/2011/04/1955-revised-constitution-of-ethiopia1.pdf.

Fiji 🖉 edit

The first assertion of association is in Fiji’s first constitution, going into effect October 10, 1970. The right is found in Chapter II, Article 13 (“Fiji Independence Order 1970 and Constitution of Fiji, 1970).

References:

1970 Constitution of Fiji: https://constitutionnet.org/sites/default/files/1970_constitution.pdf

Finland 🖉 edit

The Finnish right to association was first enshrined on July 17th, 1919 in the Constitution Act of Finland. The right is found in Section 10a. (“Constitution Act of Finland”, 1919).

“Constitution Act of Finland.” 1919. Refworld. July 17. https://www.refworld.org/docid/3ae6b53418.html.

France 🖉 edit

Title I of the French Constitution of 1791 guarantees the right of peaceful assembly. “Liberty to citizens to assemble peaceably and without arms in accordance with police regulations.”

Though the French Constitution of 1791 protected the right to assemble, French revolutionaries considered explicitly excluding free association (Boyd 257). The French enacted a law protecting free association in 1901, and enshrined it in their constitution in 1971 (Boyd 2008, 237).

References:

Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262.

Gabon 🖉 edit

Gabon asserted their right to association first in their 1963 Constitution, ratified May 31. The right is found in Title 1, Article 8 (“CONSTITTUTION DE LA RÉPIJBLIQIJE GABONAISE”, 1963)

“CONSTITTUTION DE LA RÉPIJBLIQIJE GABONAISE.” 1963. Wix.Com. May 31. https://support.wix.com/en/article/wix-editor-staticwixstaticcommedia-appears-in-url-of-wix-images.

The Gambia 🖉 edit

The first assertion of the freedom for association in Gambia was in their Constitution within their Independence Order of 1965, ratified February 18th. The independence order was submitted to Great Britain, and the right to association was included in Section 3, Chapter II, Article 11 (“The Gambia Independence Order 1965”, 1965).

1965. The Gambia Independence Order 1965. February 18. https://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Gambia-Constitution-1965.pdf.

Georgia 🖉 edit

Georgia proclaimed the right to association in the 1995 constitution, ratified on November 6th. The right is located in Chapter II, Article 22 (Georgia 1995 (rev. 2018) Constitution, 1992).

“Georgia 1995 (Rev. 2018) Constitution.” 1992. Constitute. November 6. https://www.constituteproject.org/constitution/Georgia_2018?lang=en.

Germany 🖉 edit

Article 7 of the of the "Law Concerning the Basic Rights of the German People," from 27 December 1848, asserted freedom of association.

The right to free association for the German state was later asserted in the 11 August 1919 Constitution of the German Reich (The Weimar Constitution), ratified on August 11, 1919. The right can be found in Chapter II, Section II, Article 124. Article 124 states: "All the Germans have the right to form associations or societies for purposes not contrary to criminal law. This right may not be curtailed by preventive measures. The same provisions apply to religious associations and societies. Every association may become incorporated (Erwerb der Rechtsfähigkeit) according to the provisions of the civil law. The right may not be refused to any association on the grounds that its aims are political, social-politica! or religious."

References:

"IV. Fundamental Rights of the German People voted in by the National Assembly in Frankfurt.," IV. Droits Fondementaux du Peuple Allemand votes par l'Assemblee Nationale de Francfort. (1848): 213: https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzde0172&id=1&collection=cow&index=

The Constitution of the German Reich / August 11, 1919 / Translation of Document 2050-PS / Office of U.S. Chief of Counsel. Courtesy of Cornell University Law Library, Donovan Nuremberg Trials Collection. https://digital.library.cornell.edu/catalog/nur01840

Ghana 🖉 edit

Ghana first asserts their right to freedom of association in their 1979 constitution, ratified on September 24th. The right is found in Chapter Six, Article 29 (“Constitution of the third republic of Ghana”, 1979).

1979. Constitution of the Third Republic of Ghana. September 24. https://constitutionnet.org/sites/default/files/constitution_of_the_third_republic_of_ghana.pdf.

Greece 🖉 edit

The Greek Constitution of 1927 established the right to association, being ratified on June 3. The right to association is found in Chapter III, Article 14 (“Constitution of Greece (1927)”, 2022).

“Constitution of Greece (1927).” 2022. Wikisource, the Free Online Library. Wikimedia Foundation, Inc. May 16. https://en.wikisource.org/wiki/Constitution_of_Greece_(1927)

Grenada 🖉 edit

The first assertion of the right to association in Grenada was in the Constitutional Order of 1973, ratified on October 12th. The right can be found in Chapter I, Article 1, Point B (“Grenada Constitution of 1973”, 1973).

1973. Grenada Constitution of 1973. December 19. https://constitutionnet.org/sites/default/files/Grenada%20Constitution.pdf.

Guatemala 🖉 edit

The first assertion of the right to associate in Guatemala is located in the Constitutive Law of 1879, which was the Constitutive order issued on December 11. The right is found in Title II, Article 25 (“Constitutions 1830-1900 Reform”, 2015).

“Constitutions 1830-1900 Reform.” 2015. Internet Archive: Wayback Machine. May 5. https://web.archive.org/web/20150505003356/http://www.minex.gob.gt/ADMINPORTAL/Data/DOC/20100930181643120Consti1830-1900reform.ydcretos.pdf.

Guinea 🖉 edit

The first assertion of the right to associate in Guinea was in their 1958 Constitution, ratified on November 10th. The right is asserted in Title X, Section 40 (Maury, “République de Guinée, Constitution du 10 Novembre 1958”, 1958).

Maury, Jean-Pierre. 1958. “République de Guinée, Constitution Du 10 Novembre 1958.” République de Guinée, Constitution Du 10 Novembre 1958, Digithèque MJP. November 10. https://mjp.univ-perp.fr/constit/gn1958.htm.

Guinea-Bissau 🖉 edit

Guinea-Bissau’s 1973 Constitution groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.

References:

Guinea-Bissau 1973 Constitution: https://heinonline-org.mutex.gmu.edu/HOL/COWShow?collection=cow&cow_id=182Guinea-Bissau’s second Constitution, created in 1973, groups freedom of opinion, assembly, association, demonstration, and religion together in Article 17.

Guyana 🖉 edit

The first assertion of the right to freedom of association in Guyana is in the 1966 Constitution, ratified on May 16th. The right is found in Chapter II, Article 13 (“National Assembly of the Parliament of Guyana”, 1966).

1966. National Assembly of the Parliament of Guyana. May 16. https://parliament.gov.gy/new2/documents/bills/21123/statutory_instrument_guyana_independence_order_1966_no_575.pdf.

Haiti 🖉 edit

The first assertion of the right to associate in Haiti is in the Constitution of 1843, ratified on December 30th. The right is found in Title III, Article 34 (Maury, “Haiti: Constitution du 30 Décembre 1843”, 1843). The Constitution of 1807 makes mention in Title X, Article 30 that “No association…which intends to disturb the public order shall be tolerated in Haiti”, insinuating a right to association that does not disturb the public order, but it does not outright assert the positive right to associate (“The 1807 Constitution of Haiti”, 1807).

Maury, Jean-Pierre. 1843. “Haiti: Constitution Du 30 Décembre 1843.” Haïti, Constitution de 1843, Digithèque MJP. December 30. https://mjp.univ-perp.fr/constit/ht1843.htm.

“The 1807 Constitution of Haiti.” 1807. Haiti: 1807 Constitution. February 17. https://web.archive.org/web/20060419010800/http://www.webster.edu/~corbetre/haiti/history/earlyhaiti/1807-const.htm.

Honduras 🖉 edit

The first assertion of the right to associate in Honduras was in their Constitution of 1880. The right is located in Chapter Two, Article 9, Number 5 (“Constitución de Honduras de 1880”, 1880).

“Constitución de Honduras de 1880.” 1880. Biblioteca Virtual Miguel de Cervantes. Biblioteca Virtual Miguel de Cervantes. November 1. https://www.cervantesvirtual.com/obra-visor/constitucion-de-honduras-de-1880/html/44ec3699-d923-4453-8da4-3f3ab7f0fe36_2.html#I_0_.

Hungary 🖉 edit

The first assertion of the right of association in Hungary is the 1949 Constitution, ratified on August 20. The right is found in Chapter 8, Article 56 (“1949 Hungarian Constitution”, 1949).

1949. 1949 Hungarian Constitution. August 20. https://lapa.princeton.edu/hosteddocs/hungary/1949%20Hungarian%20constitution.pdf.

Iceland 🖉 edit

The first assertion of the right of association in Iceland is in their 1944 Constitution, ratified on June 17, 1944. The right was asserted in Chapter VII, Article 74 (“Constitution of the Republic of Iceland”, 1944).

1944. Constitution of the Republic of Iceland. June 17. https://www.government.is/library/01-Ministries/Prime-Ministrers-Office/constitution_of_iceland.pdf.

India 🖉 edit

The following is from Gandhi’s “Liberty of the Press” from 12 January 1922:

“Freedom of association is truly respected when assemblies of people can discuss even revolutionary projects, the State relying upon the force of public opinion and the civil police, not the savage military at its disposal, to crush any actual outbreak of revolution that is designed to confound public opinion and the State representing it…. The fight for swaraj means a fight for this threefold freedom before all else."

Part III Article 19 of the Indian Constitution (1950) grants citizens the right to “form associations or unions” (Dalton).

Indonesia 🖉 edit

The Indonesian right of association is first asserted in their 1945 Constitution, ratified on August 18. The right was asserted in Chapter XA, Article 28E (“The 1945 constitution of the Republic of Indonesia”, 1945).

1945. The 1945 Constitution of the Republic of Indonesia. August 18. https://jdih.bapeten.go.id/unggah/dokumen/peraturan/116-full.pdf.

Iran 🖉 edit

Article 21 of the Supplementary Constitutional Law of 7 October 1907 states the following:"Societies and associations which do not provoke religious or civil strife are free throughout the realm; but their members must be unarmed and must obey the regulations which the law on this subject shall lay down. Meetings in the high roads or public squares must be held in accordance with the laws of the police."

Under Article 26 of the Constitution of the Islamic Republic of Iran (1979), “The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic Republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them” (constituteproject.org).

References:

Wright, Herbert F. Constitutions of the States at War 1914-1918 . Washington, U.S. Govt. Print. Off.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/stwar0001&id=499&men_tab=srchresults#

“Iran (Islamic Republic of) 1979 (Rev. 1989) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iran_1989.

Iraq 🖉 edit

Article 12 of Iraq’s 1925 Constitution protected freedom of association: “Freedom of expression of opinion, liberty of publication, of meeting together, and of forming and joining associations is guaranteed to all Iraqis within such limits as may be prescribed by law”.

Freedom of association is protected in two different sections of the Iraqi Constitution of 2005. Article 22 Section 3 states that: “The State shall guarantee the right to form and join unions and professional associations, and this shall be regulated by law” while Article 39 Section 1 states that: “The freedom to form and join associations and political parties shall be guaranteed, and this shall be regulated by law” (constituteproject.org).

References:

Iraq 1925 Constitution: https://constitution.org/1-Constitution/cons/iraq/iraqiconst19250321.html

“Iraq 2005 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Iraq_2005.

Republic of Ireland 🖉 edit

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.

Israel 🖉 edit

While freedom of association is not explicitly outlined in the Israeli Constitution, the addendum Basic Law: Human Dignity and Liberty of 1992 outlines the fundamental freedoms of life, dignity, and protection afforded to all people (Basic Law: Human Dignity and Liberty, 1992).

"[Basic Law: Human Dignity and Liberty]," [Basic Law: Human Dignity and Liberty] (1992): 150-150

Italy 🖉 edit

Part 1 Title 1 Article 18 of the Italian Constitution (1947) states that:

“Citizens have the right to form associations freely and without authorization for those ends that are not forbidden by criminal law.”

“Secret associations and associations that, even indirectly, pursue political aims by means of organisations having a military character shall be forbidden.”

Ivory Coast 🖉 edit

The 1960 Constitution of the First Republic of the Côte D’Ivoire openly states its adherence to “the principles of Democracy and of the Rights of Man, as they have been identified by the Declaration of the Rights of Man and of the Citizen of 1789…” (World Constitutions Illustrated). But, it makes no explicit reference to the right of free association until the 2016 Constitution of the Third Republic— Article 20 states that “Freedoms of association, assembly and peaceful demonstration are guaranteed by law” (constituteproject.org).

“Côte d’Ivoire 2016 Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Cote_DIvoire_2016. "Title I: Of the State and of Sovereignty," Constitution of the Republic of Cote d'Ivoire 3 November 1960 (1960): 3-4

Jamaica 🖉 edit

Freedom of association has been a protected right since the ratification of the first Constitution of 1962. Chapter III Article 13b states that “Whereas every person in Jamaica is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: … freedom of conscience, of expression and of peaceful assembly and association…” (World Constitutions Illustrated).

"Chapter III: Fundamental Rights and Freedoms," Constitution of Jamaica : 812-824

Japan 🖉 edit

Article 29 of the 1889 Japan Constitution stated: "Japanese subjects shall within the limits of the law, enjoy the liberty of speech, writing, publication, public meeting and association."

Article 21 of Japan's 1947 Constitution guaranteed freedom of association as well: "Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed."

References:

1889 Japan Constitution: https://constituteproject.org/constitution/Japan_1889

1946 Japan Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

Jordan 🖉 edit

Part I Article 18 of the Jordanian Constitution provides the first mention of freedom of association in Jordan: “18. All Transjordanians shall have the right to assemble together and to form associations within the provisions of the law” (World Constitutions Illustrated).

"Part I: Rights of the People," Constitution of Transjordan : 980-981

Kazakhstan 🖉 edit

Freedom of association is protected in several places in the 1993 Constitution of Kazakhstan, but most directly in Chapter 4 Article 16 which states that “Citizens of the Republic shall have the right to form public associations on the basis of free expression of will and community of interests for the implementation of their rights and freedoms”.

References:

"The Constitution of the Republic of Kazakhstan," International Legal Perspectives 5, no. 1 (1993): 112

Kenya 🖉 edit

Freedom of association is protected in Kenya’s first Constitution, which was ratified in 1963. Chapter II Article 14b states that “Whereas every person in Kenya is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, tribe, place of origin or residence or other local connexion, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: …freedom of conscience, of expression and of assembly and association…”. This is further elaborated in Article 24(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 trade unions or other associations for the protection of his interests."

Article 24(2) of the 1963 Constitution articulated the grounds for potential exception, or considerations relevant to conflict among rights and/or laws relevant to freedom of association: "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; 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, 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."

The language found in Articles 14(b) and 24(1) of the 1963 Constitutions is repeated exactly in Articles 70 and 80(1) of the the 1969 Constitution. The language from 24(2) of the 1963 Constitution is also repeated in Article 80(2) of the 1969 Constitution, but further points are added to Article 80(2) of the 1969 Constitution.

References:

1963 Constitution of Kenya: http://kenyalaw.org/kl/fileadmin/pdfdownloads/1963_Constitution.pdf

1969 Constitution of Kenya: https://repository.kippra.or.ke/bitstream/handle/123456789/2324/THE%20CONSTITUTION%20OF%20KENYA%20ACT%201969%20No%205.%20of%201969.pdf?sequence=1

Kiribati 🖉 edit

Kiribati conditionally protects freedom of association under Chapter II Section 13.1-2 in their 1979 Constitution: “1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association… 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) in the interests of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the rights or freedoms of other persons; or (c) that imposes restrictions upon public employees…” (constituteproject.org).

“Kiribati 1979 (Rev. 2013) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Kiribati_2013.

Kuwait 🖉 edit

- The first Constitution of Kuwait was ratified in 1962 and reinstated in 1992. Freedom of association is protected in Part III Article 43 which provides that “The liberty of forming societies and unions on a national basis and by peaceful means is guaranteed in conformity with the conditions and the stipulations specified by Law; and no person shall be constrained to join any society or union” (constituteproject.org).

“Kuwait 1962 (Reinst. 1992) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Kuwait_1992.

Kyrgyzstan 🖉 edit

According to Article 8.1 of the 1993 Constitution of the Kyrgyz Republic as amended in February 1996, "Political parties, trade unions and other public associations may be organized in the Kyrgyz Republic on the bases of free will and unity or interests. The State shall guarantee the rights and lawful interests of public associations."

References:

1993 Constitution of the Kyrgyz Republic as amended in February 1996: http://hrlibrary.umn.edu/research/kyrgyzrepublic-constitution.html

Laos 🖉 edit

- The first Constitution of the Lao People’s Democratic Republic protects freedom of association in the preamble which states that “Laos recognizes these as fundamental rights of Laotians: individual freedom, freedom of conscience, freedom of property, freedom to speak, write and publish, freedom to teach, freedom of assembly and association, freedom of profession, equality before the law, security of livelihood” (World Constitutions Illustrated).

“Constitution of Laos 11th May, 1947.” World Constitutions Illustrated, n.d. https://heinonline-org.uc.idm.oclc.org/HOL/Page?handle=hein.cow/bfsprs0149&id=1&collection=cow&index=#.

Latvia 🖉 edit

Legal protection of freedom of association was not added to the Latvian Constitution until 1998, 78 years after its original ratification (constituteproject.org). In this version, Article 102 states that “Everyone has the right to join associations, political parties and other public organisations” (constituteproject.org).

“Latvia 1922 (Reinst. 1991, Rev. 2016) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Latvia_2016.

Lebanon 🖉 edit

- Freedom of association is protected under Chapter 1 Article 13 of the 1926 Lebanese Constitution which states: “The freedom of opinion, expression through speech and writing, the freedom of the press, the freedom of assembly, and the freedom of association, are all guaranteed within the scope of the law” (constituteproject.org).

“Lebanon 1926 (Rev. 2004) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Lebanon_2004.

Lesotho 🖉 edit

The first Constitution of Lesotho, ratified in 1966, conditionally protects freedom of association in Chapter II Article 15.1-2c: “(1) Every person shall be entitled to, and (except with his own assembly and consent) shall not be hindered in his enjoyment of freedom of association that is to say, freedom to assemble and associate with other persons and in particular to form or belong to trade unions and 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) in the interests of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedoms of other persons; or (c) for the purpose of imposing restrictions upon public officers” (World Constitutions Illustrated). This Constitution was suspended in 1970, but it is today protected under Article 13 of the 1993 constitution (constituteproject.org).

References:

“Lesotho - Africa.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/countries/Africa/Lesotho.

“Lesotho Independence Order, 1966.” HeinOnline World Constitutions Illustrated. Accessed July 19, 2023. https://heinonline-org.uc.idm.oclc.org/HOL/COWShow?collection=cow&cow_id=234.

Liberia 🖉 edit

The Liberia Constitution of 1825 was written by the American Colonization Society. Article I states that “ALL persons born within the limits of the territory held by the American Colonization Society, in Liberia, in Africa, or removing there to reside, shall be free, and entitled to all such rights and privileges, as are enjoyed by the citizens of the United States” while Article VI further establishes that “The common law, as in force and modified in the United States, and applicable to the situation of the people, shall be in force in the Settlement” (World Constitutions Illustrated).

Article 17 of the 1984 Liberia Constitution states: "All persons, at all times, in an orderly and peaceable manner, shall have the right to assemble and consult upon the common good, to instruct their representatives, to petition the Government or other functionaries for the redress of grievances and to associate fully with others or refuse to associate in political parties, trade unions and other organizations."

1984 Constitution of Liberia: "Schedule," Constitution of the Republic of Liberia https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzlr0001&id=4&men_tab=srchresults

"Constitution for the Government of the African Colony at Liberia," Constitution for the Government of the African Colony at Liberia; Plan for the Civil Government of Liberia; Digest of the Laws now in force in the Colony of Liberia, August 19th, 1824 (1825): 5-6

Libya 🖉 edit

Freedom of association is protected under Article 26 of the 1951 Libyan Constitution: “Freedom of peaceful association shall be guaranteed, and the exercise thereof shall be regulated by law. Secret societies and associations that aim to achieve political goals through organizations of a military character are prohibited” (World Constitutions Illustrated).

"Constitution of the Kingdom of Libya of 1951," [Constitution of the Kingdom of Libya of 1951] (1951): 1-26

Liechtenstein 🖉 edit

- The Constitution of 1848 of Liechtenstein guarantees freedom of association in Part III Section 51: “The Constitution guarantees the free right of association for peaceful discussions of state and community affairs, which everyone is free to attend” (World Constitutions Illustrated).

"Part III: The People and Their Rights," Entwurf: Einer Verfassung fur das Furstenthum Liechtenstein vom 1. Oktober 1848 (1848): 6-8

Lithuania 🖉 edit

- Lithuania’s 1992 Constitution protects freedom of association under Chapter II Article 35 which states that: “Citizens shall be guaranteed the right to freely form societies, political parties and associations, provided that the aims and activities thereof are not contrary to the Constitution and laws. No one may be compelled to belong to any society, political party, or association” (constituteproject.org).

“Lithuania 1992 (Rev. 2019) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Lithuania_2019.

Luxembourg 🖉 edit

Chapter I Article 26 of the 1868 Constitution of Luxembourg states that: “The Constitution guarantees the right of association, in compliance with the laws that govern the exercise of this right without having to be submitted to a prior authorization” (constituteproject.org).

“Luxembourg 1868 (Rev. 2009) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Luxembourg_2009.

Madagascar 🖉 edit

The 1992 Constitution of Madagascar was a democratic document that gave citizens the right to freedom of association. Article 10 of the Constitution states that freedom of association, among other rights, is guaranteed to all and may only be limited in the circumstances outlined (“Madagascar: Constitution”).

“Madagascar: Constitution” 1992. Refworld https://www.refworld.org/docid/3ae6b5a98.html

Malawi 🖉 edit

The 1964 Malawi Constitution guaranteed freedom of association in Article 11(b) and in Article 21(1). According to Article 21(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 trade unions or other associations for the protection of his interests."

Adopted on May 16, 1994, the Constitution of Malawi asserts the right to freedom of association to all citizens in the country’s legal code. Article 32 states that “[e]very person shall have the right to freedom of association, which shall include the freedom to form associations” and “[n]o person maybe be compelled to belong to an association” (Malawi 1994, 16).

References:

1964 Malawi Constitution: http://citizenshiprightsafrica.org/wp-content/uploads/2022/03/Malawi-Constitution-1964.pdf

Malawi. "Malawi's Constitution of 1994 with Amendments through 1999." Constitute Project. 1994. https://faolex.fao.org/docs/pdf/mlw136089.pdf.

Malaysia 🖉 edit

The 1957 Federal Constitution of Malaysia is the first piece of legal documentation that assured the right to freedom of association in Malaysia after it gained complete independence from British rule. The document declares that “all citizens have the right to form associations” in Section 1C of article 10 concerning the right to freedom of speech, assembly, and association (Malaysia 1957). Article 10, Section 2C states that " "Parliament may by law impose ... on the right conferred by paragraph (c) of Clause (1), such restrictions as it deems necessary or expedient in the interest of the security of the Federation or any part thereof, public order or morality." Article 10 Section 3 states: "Restrictions on the right to form associations conferred by paragraph (c) of Clause (1) may also be imposed by any law relating to labour or education."

References:

1957 Malaysia Constitution: http://www.commonlii.org/my/legis/const/1957/2.html

Maldives 🖉 edit

The first Constitution of the Maldives, created in 1932, protected several civil and political rights, including the freedom to join or form associations and societies in Article 17. The Constitution proved to be short lived, being quite unpopular, and was amended in 1934 and later completely replaced in 1942. The Maldives eventually transitioned from a monarchy to a republic, and the current constitution provides greater protection of the right (Nazeer 2022, 125). Article 16 of the 1969 Constitution of the Republic of Maldives As Amended to 1975 states: "There shall be freedom to form societies and associations as long as they do not contravene provisions specifically laid down in the law."

References:

Nazeer, Ahmed. "The Maldives: From Dictatorship to Constitutional Democracy and the Quest for Consolidation ." University of Portsmouth, 2022.

1969 Constitution of the Republic of Maldives As Amended to 1975: Peaslee Amos J.; Xydis, Dorothy Peaslee. Constitutions of Nation. The Hague, Martinus Nijhoff.: https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/ctituson0002&id=723#

Mali 🖉 edit

Mali: Mali’s 1974 Constitution protects the right of its citizens to form unions and associations to protect their professional interests under Article 13 (“Journal Officiel De La République Du Mali” 1974, 2). The freedom to form all associations is found in Mali’s current 1992 constitution under Article 5 (Mali 1992).

“Journal Officiel De La République Du Mali” 1974. https://sgg-mali.ml/JO/1974/mali-jo-1974-440.pdf Mali 1992. “Mali 1992 Constitution” Constitute https://www.constituteproject.org/constitution/Mali_1992

Malta 🖉 edit

Achieving its independence as the State of Malta in September of 1964, the country adopted a constitution that included a provision guaranteeing its citizens the right to freedom of association. Article 32 of Chapter IV of the 1964 constitution states that every person in Malta is entitled to the freedom of “peaceful assembly and association” (Mali 1964).

Mali. “Mali 1964 (rev. 2016) Constitution.” Constitute 1964 https://www.constituteproject.org/constitution/Malta_2016

Marshall Islands 🖉 edit

Written before they gained formal independence in 1986, the 1979 Constitution of the Marshall Islands ensures freedom of association to every person. The right to freedom of association is included in the Bill or Rights found under Section 1 of Article II of the Constitution (Marshall Islands 1979)

Marshall Islands. “Marshall Islands 1979 (rev. 1995) Constitution.” Constitute 1979 https://www.constituteproject.org/constitution/Marshall_Islands_1995

Mauritania 🖉 edit

The country’s 1964 Law of Associations acknowledges the existence of associations within Mauritania’s legal code, though it requires them to be registered and authorized by the government. It “gives the Ministry of Interior far-reaching powers to refuse such permission on vague grounds” (MENA Rights Groups 2021). Mauritania’s original constitution, adopted in 1961, affirmed the country’s commitment to the Declaration of the Rights of Man and of the Citizen (1789) which discusses political associations, but does not explicitly state its commitment to the right (Mauritanie 1961).

Mauritanie. “Constitution du 20 mai 1961” Digithéque MJP 1961 https://mjp.univ-perp.fr/constit/mr1961.htm MENA Rights Groups. “Mauritania’s human rights record examined by UN Member States” MENA Rights 2021 https://menarights.org/en/articles/mauritanias-human-rights-record-examined-un-member-

Mauritius 🖉 edit

The Constitution of Mauritius, adopted in 1968 after the country’s independence, protects the right to association. This provision is found in section 3 “Fundamental rights and freedoms of an individual” under Chapter II of the Constitution. (Mauritius 1968)

Mauritius. “Mauritius 1968 (rev. 2016) Constitution” Constitute 1968 https://www.constituteproject.org/constitution/Mauritius_2016

Mexico 🖉 edit

The Federal Constitution of the United Mexican States, put in place after the end of the dictatorship of Antonio López de Santa Anna in 1857, greatly expanded human rights in the country. Though it does not explicitly mention association, it refers to related rights. Section 1, Article 9 states, “No one shall be deprived of the right peaceably to assemble or to come together for any lawful purpose; but only citizens shall be permitted to exercise this right for the purpose of taking part in the political affairs of the country” (“Federal Constitution of the United Mexican States of 1857.” 2023). “Federal Constitution of the United Mexican States of 1857.” 2023. Federal Constitution of the United Mexican States of 1857, World History Commons. Accessed July 14. https://worldhistorycommons.org/federal-constitution-united-mexican-states-1857.

Federated States of Micronesia 🖉 edit

Freedom of association is protected in the Federated States of Micronesia’s Constitution of 1978. Article IV Section 1 states that: “No law may deny or impair freedom of expression, peaceable assembly, association, or petition” (constituteproject.org).

“Micronesia (Federated States of) 1978 (Rev. 1990) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Micronesia_1990.

Moldova 🖉 edit

After its independence from the Soviet Union, Moldova ratified its constitution in 1994 and protected the right to freedom of association. Article 41 of the constitution states that all citizens “shall be free to associate in parties and other socio-political organizations” and outlines the freedom’s restrictions. (Moldova 1994).

Moldova. “Moldova (Republic of) 1994 (rev. 2016)” Constitute 1994 https://www.constituteproject.org/constitution/Moldova_2016

Monaco 🖉 edit

Monaco’s constitution, first adopted in 1911 and then heavily revised in 1962, protects the right to freedom of association in the country. Article 30 states that freedom of association is guaranteed by law, though subject to regulation of law (Monaco 1911).

Monaco. “Constitution of the Principality of Monaco” Council of Europe 1911 https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2013)021-e

Mongolia 🖉 edit

Chapter 1, Article 3(i) of the 1924 Constitution of the Mongolian People's Republic states: " With a view to securing for the labouring masses of the people freedom of association, the Mongolian People's Republic affords material and moral assistance to the poorest of the working masses (arats and artisans) for union and organisation."

The right to freedom of association in Mongolia can also be found in the 1940 Constitution of the Mongolian People’s Republic. Article 82 grants citizens the right to “unite in public organizations,” which includes trade unions, cooperative associations, youth organizations, sports and defense organizations, cultural, technical, and scientific societies (Anon 19948. 199). The modren Mongolian state also protects freedom of association in its 1992 Constitution in Article 10 (Mongolia 1992).

References:

1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults

Anon. Far Eastern Section, “Constitution of the Mongol People's Republic”, 23 Wash. L. Rev. & St. B.J. 181 (1948).

Mongolia. “Mongolia 1992 (rev. 2001)” Constitute 1992 https://www.constituteproject.org/constitution/Mongolia_2001

Montenegro 🖉 edit

According to Article 212 of the 1905 Montenegro Constitution: "Citizens have the right to assemble in peace according to the law." Article 213 of the 1905 Constitution augments this point: "Citizens have the right of assembly when it concerns objects which are not contrary to the laws."

After Montenegro’s formal independence and separation from its union with Serbia in 2006, the country adopted a constitution the following year that included an article on freedom of association. The right is granted to all Montenegro citizens in Article 53 (Montenegro 2007). Montenegro’s earlier constitution, adopted after the breakup of Yugoslavia in 1992, includes a provision promoting freedom of association in Article 40 (“Constitution of the Republic of Montenegro” 1992)

1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index=

“Constitution of the Republic of Montenegro” 1992: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2005)096-e

Montenegro. “Montenegro 2007” Constitute 2007: https://www.constituteproject.org/constitution/Montenegro_2007

Morocco 🖉 edit

The earliest assertion of the rights to freedom of association in Morocco is found in a 1958 decree, dhahir 1-58-376. The law gives citizens the right to form associations, with Article 5 setting “forth the procedure for declaring an association and maintaining its declared status” (Human Rights Watch 2009, 7).

Human Rights Watch. 2009 “Morocco: Freedom to Create Associations” https://www.hrw.org/reports/morocco1009webwcover.pdf

Mozambique 🖉 edit

After its independence from Portugal in 1975, the People’s Republic of Mozambique established a socialist state with a constitution that protected freedom of association in its first constitution under Article 27 (Mozambique 1990. 9). In 1990 a new constitution was put into place that reformed the country into its present form, with Article 34 ensuring freedom of association to all (“Constitution of the People’s Republic of Mozambique” 17)

“The Constitution of the People’s Republic of Mozambique.” 2023. Mozambique History. https://mozambiquehistory.net/justice/constitution/19800000_english_constitution.pdf. Mozambique “Constitution of Mozambique” 1990

Myanmar 🖉 edit

Myanmar’s first constitution, created and adopted in 1947 after its independence, contains the earliest provision protecting the right to freedom of association in the country. Found in Section iii of Article 17, it allows citizens to form and join associations, as long as their goal is not to undermine the Constitution (“The Constitution of the Union of Burma” 1948, 3).

“The Constitution of the Union of Burma” 1948 Myanmar Law Library http://www.myanmar-law-library.org/law-library/laws-and-regulations/constitutions/1947

Namibia 🖉 edit

Adopted in 1990, shortly before Namibia’s independence from South Africa, The Constitution of the Republic of Namibia contains the first assertion of the right to freedom of association in the country’s legal code. Provision e of Article 21 guarantees the right to join and form associations, including political parties and trade unions (Namibia 1990).

Namibia. 1990 “Namibia 1990 (rev. 2014)” Constitute https://www.constituteproject.org/constitution/Namibia_2014

Nauru 🖉 edit

Nauru’s Constitution of 1968 explicitly mentions the right to freedom of association in its preamble, as well as in Section 1, 2, and 3 of Article 13. Written shortly after national independence, it is the earliest assertion of this right in the country (Nauru 1968)

Nauru. 1968 “Nauru’s Constitution of 1968” Constitute https://www.constituteproject.org/constitution/Nauru_1968.pdf?lang=en

Nepal 🖉 edit

The Nepal Interim Government Act of 1951, put into effect after the Revolution of 1951, proclaims that all citizens have the right to form associations and unions. This is found under Section c of Article 17: Fundamental principles of law (Nepal 1951, 3)

Nepal. 1951 “The Interim Government of Nepal Act, 1951” Constitutionnet https://constitutionnet.org/sites/default/files/1951%20Constitution%20English.pdf

Kingdom of the Netherlands 🖉 edit

Freedom of association is protected under Article 8: “The right of association shall be recognized. This right may be restricted by Act of Parliament in the interest of public order” (constituteproject.org).

“Netherlands 1814 (Rev. 2008) Constitution.” Constitute. Accessed July 19, 2023. https://www.constituteproject.org/constitution/Netherlands_2008.

New Zealand 🖉 edit

Part 2 Section 17 of the Bill of Rights Act (1990) states that, “Everyone has the right to freedom of association.”

Although New Zealand does not have a codified constitution, the first explicit mention of freedom of association in New Zealand law is the Bill of Rights Act of 1990, Article 17 of which states that “everyone has the right to freedom of association.” The country had earlier promised to uphold freedom of association by its 1978 ratification of the International Covenant on Civil and Political Rights, which protects this right in Article 22.

“International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights#:~:text=Article%2019,-1.&text=Everyone%20shall%20have%20the%20right,other%20media%20of%20his%20choice.

New Zealand Legislation. “New Zealand Bill of Rights Act 1990.” Parliamentary Counsel Office, July 24, 2023, https://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html.

UN Treaty Body Database. “Ratification Status for CCPR – International Covenant on Civil and Political Rights.” Office of the UN High Commissioner for Human Rights, July 24, 2023, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?Treaty=CCPR&Lang=en.

Nicaragua 🖉 edit

The first mention of freedom of association in Nicaraguan law is found in the 1838 Political Constitution of the Sovereign, Free, and Independent State of Nicaragua, promulgated shortly after the country’s final independence. In Article 14, the constitution states that “popular gatherings that have as [their] object any honest pleasure, the discussion concerning politics, or to examine the public conduct of the [state] functionaries” cannot be impeded.

“Political Constitution of the Sovereign, Free, and Independent State of Nicaragua.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzni0040&collection=cow.

Niger 🖉 edit

Freedom of association is found in the first Constitution of Niger, enacted in 1960 shortly after independence. Under Article 7, “political parties and groups shall be instrumental in the expression of the suffrage. They shall be formed and shall carry on their activities freely on condition that they respect the principles of national sovereignty and democracy and the laws of the Republic.”

“Constitution of Niger.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzne0002&id=1&men_tab=srchresults.

Nigeria 🖉 edit

Chapter IV Section 37 of the constitution of the Second Republic (1979) states that “every person shall be entitled to assemble freely and associate with other persons, and any political party, trade union, or other association for the protection of his interests.”

Freedom of association is enumerated in the first constitution of independent Nigeria, enacted in 1960. Under Article 25, “every person shall be entitled to … associate with other persons and in particular he may form or belong to trade unions and other associations for the protection of his interests.” The article subsequently lays out broad reservations on this article, precluding its application to laws “reasonably justifiable in a democratic society” that are in the interest of “defense, public safety, public order, public morality, or public health,” as well as those “for the purpose of protecting the rights and freedoms of other persons.”

“The Constitution of the Federation of Nigeria.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzng0011&id=1&men_tab=srchresults.

North Korea 🖉 edit

The Constitution of the Democratic People’s Republic of Korea, adopted in 1948, purports to grant freedom of association to its citizens. Under Article 13, citizens have the freedom of “assembly, and freedom to form associations, or participate in public demonstrations.” The article specifically says that “every citizen shall have the freedom of organizing and joining democratic political parties, trade unions, cooperative associations, and physical culture, cultural, technical, and scientific organizations.”

Central Intelligence Agency. “Constitution of the Democratic People’s Republic of Korea.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzkp0005&collection=cow.

North Macedonia 🖉 edit

Freedom of association is enumerated in the constitution of the Republic of North Macedonia, passed in 1991 shortly after independence from Yugoslavia (when the country was called the Republic of Macedonia). Under Article 20, “citizens are guaranteed freedom of association to exercise and protect their political, economic, social, cultural and other rights and convictions.” Citizens may “freely establish associations of citizens and political parties, join them, or resign from them.” Earlier, the 1946 Constitution of the Federal People’s Republic of Yugoslavia, of which North Macedonia was a constituent republic as the People’s Republic of Macedonia, protected freedom of association in Articles 20 and 27.

“Constitution of the Federal People’s Republic of Yugoslavia.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/cyugo0001&id=11&men_tab=srchresults.

“Constitution of the Republic of Macedonia.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzmk0010&id=10&men_tab=srchresults.

Norway 🖉 edit

The Constitution of Norway, which was initially enacted in 1814 (making it the world’s second oldest constitution to still be in effect today, after the United States Constitution), was amended around 2014 to guarantee the right to freedom of association. Under Article 101, “everyone has the right to form, join, and leave associations, including trade unions and political parties.” Before this, Norway pledged to uphold freedom of association when it ratified the International Covenant on Civil and Political Rights in 1972.

“The Constitution, as laid down on 17 May 1814 by the Constituent Assembly at Eidsvoll and subsequently amended, most recently in May 2014.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzno0023&id=1&collection=cow&index=.

Oman 🖉 edit

Limited freedom of association is protected under the Basic Statute of the State, instituted in 1996, which effectively functions as a constitution for Oman. Under Article 33, “the freedom of forming societies on a national basis and for legitimate objectives and by peaceful means – provided that it is not in conflict with the provisions and objectives of this Basic Statute – is guaranteed in accordance with the terms and conditions stipulated by the [Statute].” Further, “it is prohibited to form societies the activities of which are adverse to the order of society, secret or of a military nature.”

“The Basic Statute of the State.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzom0002&id=1&collection=cow&index=.

Pakistan 🖉 edit

The following is from Part II, Chapter I, Section 17 of Pakistan’s current constitution (1973).

“Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.”

“Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.”

A limited form of freedom of association is provided by the Constitution of the Islamic Republic of Pakistan, enacted shortly after Pakistan became a republic in 1956. Under Article 10, “every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality or public order.”

“Constitution of the Islamic Republic of Pakistan.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?handle=hein.cow/zzpk0008&collection=cow.

Palau 🖉 edit

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=.

Panama 🖉 edit

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 🖉 edit

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.

Paraguay 🖉 edit

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 🖉 edit

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.

Philippines 🖉 edit

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.

Poland 🖉 edit

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.

Portugal 🖉 edit

Article 46 of the Portugese Constitution (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.

Qatar 🖉 edit

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.

Romania 🖉 edit

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.

Russia 🖉 edit

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 🖉 edit

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.

Saint Kitts and Nevis 🖉 edit

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/

Saint Lucia 🖉 edit

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/

Saint Vincent and the Grenadines 🖉 edit

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/

Samoa 🖉 edit

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

San Marino 🖉 edit

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/

São Tomé and Príncipe 🖉 edit

Part II article 35 covers the freedom of association in the Constitution of São Tomé e Principe. The country gained independence from Portugal in July 1975, adopting the constitution November 5, 1975.

CIA World Factbook. São Tomé e Príncipehttps://www.cia.gov/the-world-factbook/countries/sao-tome-and-principe/

Constitution of Sao Tome e Principe. Constitute Project. https://www.constituteproject.org/constitution/Sao_Tome_and_Principe_1990

Saudi Arabia 🖉 edit

Saudi Arabia is an absolute monarchy with heavy restriction of civil liberties. According to the US State Department, as of 2022, Saudi Arabia’s law “provides for limited freedom of assembly and association, but the government did not respect these rights.”

“2022 Country Reports on Human Rights Practices: Saudi Arabia. U.S. Department of State. https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/saudi-arabia/

CIA World Factbook. Saudi Arabia. https://www.cia.gov/the-world-factbook/countries/saudi-arabia/#government

Constitution of Saudi Arabia. University of Minnesota. http://hrlibrary.umn.edu/research/saudiarabia/saudi-constitution.html

Freedom House. World Freedom Report. Saudi Arabia https://freedomhouse.org/country/saudi-arabia/freedom-world/2022

Senegal 🖉 edit

Title II article 8 covers freedom of association along with, opinion, expression, press, assembly, movement, and manifestation in the Constitution of the Republic of Senegal. Independence was gained from France in 1960, The constitution was adopted in 1963, most recently promulgated in 2001.

CIA World Factbook. Senegal https://www.cia.gov/the-world-factbook/countries/senegal/#government

Constitution of the republic of Senegal. Translated. https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/sn/sn014en.pdf

Serbia 🖉 edit

Serbia became independent in 2006 from the state union of Serbia and Montenegro. The 2006 constitution covers freedom of association under article 55 of the Constitution of the Republic of Serbia. However, The 1931 Constitution of the Kingdom of Yugoslavia covers freedom of association in Chapter II, Article 13.

International Labour Organization. Constitution of the Republic of Serbia. 2006. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/74694/119555/F838981147/SRB74694%20Eng.pdf

Constitution of the Kingdom of Yugoslavia. 1931. https://royalfamily.org/wp-content/uploads/2014/01/constitution.pdf

Seychelles 🖉 edit

Chapter III article 22 of The Constitution of Seychelles (1976) covers freedom of association along with freedom of assembly. Seychelles gained independence from the United Kingdom in the same year of 1976. The constitution was redrafted in 1993, now covering the freedom of association under Article 23 of Chapter III.

CIA World Factbook. Seychelles. https://www.cia.gov/the-world-factbook/countries/seychelles/#government

Seychelles Independence Order 1976. Constitution of Seychelles 1976. http://citizenshiprightsafrica.org/wp-content/uploads/2020/02/Seychelles-Independence-Constitution-1976.pdf

Constitute Project. Constitution of Seychelles 1993. https://www.constituteproject.org/constitution/Seychelles_2017

Sierra Leone 🖉 edit

The 1991 Constitution of Sierra Leone covers freedom of association in chapter III Article 15.A.

THE CONSTITUTION OF SIERRA LEONE. International Labour Organization. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/26723/90483/F311875481/SLE26723.pdf

Constitutional History of Sierra Leone. Constitution Net. https://constitutionnet.org/country/sierra-leone

Singapore 🖉 edit

Freedom of Association is mentioned in Article 14.1.C. of the Constitution of Singapore 1965. Singapore gained independence in 1965 From the Malaysian Federation, and the Constitution was revised from the 1963 Constitution of the State of Singapore. It states that restictions may be imposed by any law relating to labour or education.

Constitution of the Republic of Singapore. 1965. Singapore Statutes Online. https://sso.agc.gov.sg/Act/CONS1963?ProvIds=P14-#pr14-

CIA World Factbook. Singapore https://www.cia.gov/the-world-factbook/countries/singapore/#government

Constitution of the State of Singapore. 1963. https://media.bloomsburyprofessional.com/rep/files/singapore-constitution-1963.pdf

Slovakia 🖉 edit

Of the 1920 Constitution of Czechoslovakia, Section V article 113 covers freedom of association. Slovakia and The Czech Republic became independent states in 1993 and the independent constitution came into force October 1, 1992. Freedom of Association is covered in Section 3, Article 29, as a Political right rather than a Fundamental Human Right or Freedom, which is covered by section 2.

CONSTITUTION OF THE SLOVAK REPUBLIC. https://www.prezident.sk/upload-files/46422.pdf

University of California Press. New York Times Current History. The Constitution of Czechoslovakia: Full Text of the Most Modern and Complete Instrument of Democratic Self-Government. https://www.jstor.org/stable/pdf/45325393.pdf?refreqid=excelsior%3A4f1bbc1d288238311128e70a46ae2b12&ab_segments=&origin=&initiator=&acceptTC=1

CIA World Factbook. Slovakia. https://www.cia.gov/the-world-factbook/countries/slovakia/#government

Slovenia 🖉 edit

The 1931 Constitution of the Kingdom of Yugoslavia asserts the right to form associations under Chapter II, Article 13. Slovenia gained independence in 1991, The 1991 Constitution of the Republic of Slovenia covers freedom of association in Chapter II, Article 42.

Constitute Project. Republic of Slovenia 1991. https://www.constituteproject.org/constitution/Slovenia_2013.pdf

The Constitution of the Kingdom of Yugoslavia. 1931.https://royalfamily.org/wp-content/uploads/2014/01/constitution.pdf

Solomon Islands 🖉 edit

Chapter 2 Article 13 Of the Constitution of the Solomon Islands covers the protection of freedom of association and assembly. The Constitution was adopted 31 of may, 1978 and effective July 7, 1978, when The country gained independence from the United Kingdom.

CIA World Factbook. Solomon Islands.https://www.cia.gov/the-world-factbook/countries/solomon-islands/#government Constitute Project. Constitution of the Solomon Islands. https://www.constituteproject.org/constitution/Solomon_Islands_2018

Somalia 🖉 edit

Part II, Article 12, of the 1960 Constitution of the Somali Republic covers the right to political association. Article 12 Section 2 states, Political parties and associations which are secret, have an organization of a military character or have a tribal denomination shall be prohibited. Article 13 separately covers the right to form trade unions. The Somali Republic was formed July 1, 1960, gaining independence from the United Kingdom(Somalia), and Italy(Somoliland).

CIA World Factbook. Somalia. https://www.cia.gov/the-world-factbook/countries/somalia/#government

Constitution of the Somali Republic. http://citizenshiprightsafrica.org/wp-content/uploads/2020/10/Somalia-Constitution-1960.pdf

South Africa 🖉 edit

The first assertion of Freedom of Association in South Africa was in the 1993 Interim Constitution, under Chapter III, Article 17. This Constitution was drafted during the transition to democratic processes leading up to the first post-apartheid elections in 1994, and came into force April 27, 1994, the day of the election.

CIA World Factbook. South Africa. https://www.cia.gov/the-world-factbook/countries/south-africa/#government

United Nations. Peacemaker. SOUTH AFRICA INTERIM CONSTITUTION (1993). https://peacemaker.un.org/documents/south-africa-interim-constitution-1993

South Korea 🖉 edit

Article 21 of Chapter II of The Constitution of the Republic of Korea covers Freedom of Association, with the specification that licensing of assembly and association shall not be recognized. The 1948 constitution was adopted upon independence from Japan.

Constitutional History of the Republic of Korea. Constitution Net. 2018. https://constitutionnet.org/country/republic-korea Constitute Project. Constitution of Republic of Korea. 1948. https://www.constituteproject.org/constitution/Republic_of_Korea_1987 Britannica. Division of Korea. https://www.britannica.com/place/Korea/Division-of-Korea

South Sudan 🖉 edit

The Bill of Rights, Part II of the Interim Constitution of Southern Sudan, first mentions freedom of Association under article 40. The Interim Constitution of Southern Sudan was adopted in 2005, prior to independence from Sudan in 2011.

CIA World FactBook. South Sudan. https://www.cia.gov/the-world-factbook/countries/south-sudan/#government

The interim Constitution of Southern Sudan. 2005. https://www.refworld.org/pdfid/4ba74c4a2.pdf

Spain 🖉 edit

The First assertion of freedom of association in Spain was in the 1978 Constitution. It is covered in section 22, of Division I. “The right of association is granted” However the limitations of this right are listed in the following 4 clauses, including the prohibition of secret and paramilitary associations.

European University Institute. Spanish Constitution. 1978. https://www.eui.eu/projects/internationalartheritagelaw/documents/nationallegislation/spain/spanishconstitution1978.pdf

Sri Lanka 🖉 edit

Chapter III, Article 14 of the Constitution adopted in 1978, allows for freedom of Association along with freedoms of speech, assembly, occupation, and movement. Section 1.c-g covers the circumstances of freedom of association.

CIA World Factbook. Sri Lanka. https://www.cia.gov/the-world-factbook/countries/sri-lanka/#government

Constitute Project. Constitution of Sri Lanka 1978. https://www.constituteproject.org/constitution/Sri_Lanka_2015?lang=en

Sudan 🖉 edit

The 1998 Constitution of The Republic of Sudan, does not explicitly mention freedom of association, however, Article 26 protects the freedom of succession and organization which is understood to be freedom of Association. The Following draft in the 2005 Constitution does specify freedom of association in article 40.

CIA World Factbook. Sudan. https://www.cia.gov/the-world-factbook/countries/sudan/#government

Prior Constitution of The Republic of Sudan. 1998. University of Minnesota, Human Rights Library. http://hrlibrary.umn.edu/research/sudpriorconst.html

Constitute Project. Constitution of the Republic of Sudan. 2005. https://www.constituteproject.org/constitution/Sudan_2005

Suriname 🖉 edit

The 1987 Constitution of the Republic of Suriname promulgates freedom of association under Chapter 5, Article 20.

Organization of American States. Republic of Suriname Constitution 1987, http://www.oas.org/juridico/pdfs/mesicic4_sur_const.pdf

Sweden 🖉 edit

Freedom of association is asserted in the 1974 Instrument of Government under chapter 2, article 1, section 5.

CIA World Factbook. Sweden https://www.cia.gov/the-world-factbook/countries/sweden/#government CONSTITUTION OF SWEDEN (1974). The Instrument of Government. https://www.equalrightstrust.org/ertdocumentbank/CONSTITUTION%20OF%20SWEDEN.pdf

Switzerland 🖉 edit

First assertion of freedom of association in Switzerland was in the first Constitution of 1848. Freedom of association is guaranteed under article XLVI of Chapter 1, granted the proceedings nor objects of associations are not illegal.

Swiss Parlament https://www.parlament.ch/centers/documents/de/BV_1848_EN.pdf

Syria 🖉 edit

The first assertion of Freedom of Association in Syria was in the 2012 Constitution of the Syrian Arab Republic. It is covered under Title II, Chapter I, Article 45. The Article articulates that the associations or unions should have a national basis, for lawful purposes and peaceful means, and should adhere to the terms and conditions prescribed by law.

Constitution Net. Syria. 2021. https://constitutionnet.org/country/syria CIA World factbook. Syria. https://www.cia.gov/the-world-factbook/countries/syria/#government International Labour Organization. Constitution of The Syrian Arab Republic - 2012. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/91436/106031/F-931434246/constitution2.pdf

Tajikistan 🖉 edit

The constitution of 1994 of Tajikistan recognizes the freedom of association in Article 28 and is cited to ‘correspond to democratic norms’. Article 8 of the constitution states citizens may form associations that only function and exist within the framework of the constitution.

Tajikistan, Supreme Assembly. 2016. Constitution of the Republic of Tajikistan. https://www.constituteproject.org/constitution/Tajikistan_2016.pdf?lang=en. (Orig. pub. 1994.).

Tanzania 🖉 edit

Tanzania’s constitution of 1977 article 20 provides every person the freedom to associate. The article highlights five restrictions to the freedom of association which include: violent associations, tribal or religious political associations, and the breakdown of the United Republic.

Judiciary of Tanzania. 2005. THE CONSTITUTION of the UNITED REPUBLIC of TANZANIA. Www.judiciary.go.tz. http://www.judiciary.go.tz/wp-content/uploads/2015/09/constitution.pdf. (Orig. pub. 1977.).

Thailand 🖉 edit

Thailand has had multiple constitutions since 1932 after the abolition of the absolute monarchy. Section 42 of the latest constitution of Thailand (2017) highlights the ‘liberty to unite and form an association, co-operative, union, organisation, community, or any other group.’ Provision 14 of the 1932 Constitution also highlighted the right to association.Thailand Constitution. 1932. https://media.bloomsburyprofessional.com/rep/files/thailand-constitution-1932-december.pdf. Constitution Drafting Committee. 2017. Constitution of Thailand. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/103607/132859/F-1348511433/THA103607%202019.pdf.

Togo 🖉 edit

The constitution of the fourth republic of Togo adapted in 1992 and revised in 2007 details in article 30 the right of association, assembly, and peaceful demonstration without violence. Togo. 2007. The 1963 constitution does not address freedom of association. “Togo 1992 (Rev. 2007) Constitution - Constitute.” Www.constituteproject.org. 2007. https://www.constituteproject.org/constitution/Togo_2007.

Tonga 🖉 edit

The Tongan constitution was adopted in 1875 and was last revised in 2020. The constitution does not explicitly state a freedom of association, rather the freedom of assembly in Article 8 which highlights ‘The Freedom of Petition’ in which all people are free to peacefully send letters and petitions to the legislators and king. Kingdom of Tonga. 2021. CONSTITUTION of TONGA. https://www.parliament.gov.to/parliamentary-business/documents/constitution-of-tonga/file/487-act-of-constitution-of-tonga-2020-revised-edition. (Orig. pub. 1875.).

Trinidad and Tobago 🖉 edit

The Trinidad and Tobago constitution Act of 1976 revised last in 2007 declares the rights enshrined in the constitution in Chapter 1 Part 1 article 4j which details: ) the ‘freedom of association and assembly’.

Trinidad and Tobago. 1978. “THE CONSTITUTION of the REPUBLIC of TRINIDAD and TOBAGO.” https://www.oas.org/juridico/english/mesicic3_tto_constitution.pdf.

Tunisia 🖉 edit

The Tunisian Constitution of 2014 (Arabic: 2014 دستور تونس) was adopted on 26 January 2014, article 35 of the constitution guarantees the freedom of establishment of political parties, unions, and associations while respecting financial transparency and the rejection of any incitement of violence. Tunisia had included the right of freedom of association after independence from France in 1959 as part of Article 8. The original short lived 1861 constitution does not highlight any freedom of association.

Bourguiba, Habib. 1959. “WIPO Lex, Tunisia, the Constitution of Tunisia, 1959.” Www.wipo.int. 1959. https://www.wipo.int/wipolex/en/legislation/details/7201. National Parliament. 2014. “WIPO Lex, Tunisia, the Constitution of the Republic of Tunisia, 2014.” Www.wipo.int. 2014. https://www.wipo.int/wipolex/en/legislation/details/14847.

Turkey 🖉 edit

The first instance of the right of freedom of association was the second Turkish Constitution(1924 Türk Anayasası), in Section V which detailed multiple rights including the Freedom of Assembly.

Earl, Edward Meade. "The New Constitution of Turkey." Political Science Quarterly 40, no. 1 (March 1925): 96-97.

Turkmenistan 🖉 edit

Turkmenistan after independence from the Soviet Union had multiple constitutions; the earliest instance of the right of freedom of association is the 1992 Constitution which states in article 28 'Citizens have the right to form political parties and other social associations which operate within the framework of the Constitution and laws'. There are 3 constitutions which existed as the Turkmen SSR.

Turkmenistan. 1992. “Constitution of Turkmenistan.” Web.archive.org. 1992. https://web.archive.org/web/20150414030847/http://www.uta.edu/cpsees/TURKCON.htm.

Tuvalu 🖉 edit

The kingdom of Tuvalu’s constitution first asserts the freedom of association and assembly as part of section 11 of the 1982 constitution revised in 2008, and is developed in more detail in section 25 which describes the provisions and purposes of the freedom. Tuvalu is a part of the Commonwealth.

Parliament of Tuvalu. 1986. THE CONSTITUTION of TUVALU. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/3899/95791/F656430737/TUV3899.pdf. (Orig. pub. 2008.).

Uganda 🖉 edit

According to the constitution of the Republic of Uganda article 29 the first instance of the Rights and protections such as the freedom of association which include: “Protection of freedom of conscience, expression, movement, religion, assembly and association.” The Right is then defined in section e; which details the freedom to form and join associations or unions, including trade unions and political and other civic organisations.

Republic of Uganda. 1995. Constitution of the Republic of Uganda. Www.parliament.go.ug. https://www.parliament.go.ug/documents/1240/constitution. (Orig. pub. 2018.).

Ukraine 🖉 edit

The first instance of Ukraine allowing the freedom of association is the Ukraine SSR’s 1937 Constitution which entails the (в) свобода зборів і мітингів,г) свобода вуличних походів і демонстрацій.) which translates to the freedom of c) freedom of assembly and rallies, d) freedom of street marches and demonstrations, which can be equivalent to the freedom of association.

Extraordinary XIV Ukrainian Congress of Soviets. 1937. “Constitution (Basic Law) of the Ukrainian Soviet Socialist Republic .” Wikisource. 1937.

United Arab Emirates 🖉 edit

The United Arab Emirates constitution ‘dastūr’ of 1971 temporarily developed after the unification of the 6 Emirates details in article 33 that the Freedom of assembly and association are guaranteed within the limits of the law. Ras al Khaimah joined the Union in 1972 becoming the 7th Emirate. rulers of the emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain and Fujairah. 1971. The constitution was ratified permanently in 1996

“The Constitution of the United Arab Emirates of 1971.” Official Gazette. December 2, 1971 https://www.raalc.ae/wp-content/uploads/2020/09/The-Constitution-of-the-United-Arab-Emirates-of-1971-English-1.pdf.

United Kingdom 🖉 edit

The 1990 Human Rights Act protects the Right to assemble and associate, subject to reasonable and proportionate restrictions. The HRA primarily serves to codify the European Convention on Human Rights into British Law (the ECHR and its associated court are not related to the EU, and the UK is still a signatory).

In 1776, Richard Price, a British writer who supported the American revolution published Observations on the Nature of Civil Liberty, the Principles of Government, and the Justice and Policy of the War with America. Unlike other commentaries on civil rights, he includes discussion on free assembly. He describes a prohibition on “associating for any purposes, except when leave should be given us by a Lord Lieutenant or Viceroy” as being part of a “state of oppression which no country can endure.” Though he does not phrase it as a fundamental right, the fact that Price deems draconian restrictions on association oppressive implies a belief in at least a limited freedom of association. This is the first instance I could find of a political theorist invoking the concept of freedom of association (or the lack thereof).

There is a more explicit case for free association in John Stuart Mill’s On Liberty (1859). Mill lays a broad notion of individual liberty. He then argues that “from this liberty of each individual, follows the liberty, within the same limits, of combination among individuals; freedom to unite, for any purpose not involving harm to others: the persons combining being supposed to be of full age, and not forced or deceived (16).” Before any British thinkers espoused freedom of association as a right, John Locke, Thomas Hobbes, and David Hume addressed the issue (as Boyd helpfully summarizes). Hobbes detested associations, referring to them as “lesser commonwealths in the bowels of a greater, like worms in the entrails of a natural man” (257).

Locke disagreed with Hobbes’ cynical perspective on groups. John Locke’s “A Letter Concerning Toleration” primarily concerns religious associations, but he extends certain arguments to associations in general. The italicized text below is Boyd’s summarization (241), where sections in quotes come directly from “A Letter.” As Boyd notes, though Locke defends policies that allow freer association, he does so because of their practical benefits, not because it is a fundamental right (2008, 241).

“Suppose this Business of Religion were let alone,” Locke hypothesizes, “and that there were some other Distinction made between men and men, upon account of their different Complexions, Shapes, and Features.” Under conditions of differential treatment, such persons, “united together by one common persecution,” would become just as dangerous and disruptive.26 Conversely, if the state eliminated special privileges, on the one hand, or disproportionate burdens, on the other, then supposedly intractable religious or ethnic affiliations would become matters of complete indifference, no more or less contentious than other private decisions about how to spend one’s money, manage one’s estates, or marry off one’s daughter. Finally, David Hume’s “Of Parties in General” (1742) is another important piece of Enlightenment work skeptical of associations. His position is more nuanced that Hobbes; he understands that association may exist for different purposes. Factions “of interest” are deemed less dangerous than factions “of principle.” Regarding factions of principle, he wonders the following: “But where the difference of principle is attended with no contrariety of action, but every one may follow his own way, without interfering with his neighbour, as happens in all religious controversies; what madness, what fury can beget such unhappy and such fatal divisions?”

References:

Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262.

Locke, John. “Letter Concerning Toleration”

Mill, John Stuart. On Liberty

Price, Richard. Observations on the Nature of Civil Liberty. London: Edward and Charles Dilly and Thomas Cadell, 1776.

While there are multiple instance of implied rights of association and petition such as the Magna Carta and the Petition of Right in 1628, the first explicit right to association is Trade Union Act, 1871 which granted the right to form and join trade unions for the purpose of protecting their interests and improving working conditions.

Trade Union Act, 1871. 1871. https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/98373/117044/F1671923749/IRL98373.pdf.

United States 🖉 edit

Listed at the bottom of this section is language from the State Constitutions of New Hampshire and North Carolina and the Pennsylvania Declaration of Rights, all from 1776, which articulate the right to assemble (assembly and association are not always interchangeable, but many constitutions group them together). These documents all contain rights to assemble written in remarkably similar language, and they describe the right as politically driven. These were the oldest references to something like the right of association in governing documents.

Despite modern views of assembly as related to association, at the time of America’s founding, it would have been better understood as related to the right to petition. According to Congress’s online annotated Constitution, the assembly clause meant that the people have a right to assemble in order to petition the government. The site says that assembly was initially seen as a “subordinate and instrumental” right ("Freedom of Assembly and Petition"). The aforementioned state constitutions should be interpreted the same way. In fact, this is even more clear in these state constitutions than in the national one. The state constitutions surround the right to assemble with expressly political language, such as the right to petition and advocacy for the “common good,” while the First Amendment’s guarantees are political, but not entirely political (it protects religion, and protected speech and press are often, but not always, political).

As Richard Boyd argues in “The Madisonian Paradox of Free Association,” America’s founders did not explicitly include free association because at least some of them were skeptical of it, worrying that certain associations would be conspiratorial or seditious. He summarizes the British Enlightenment tradition skeptical of associations, which influenced the founders (I describe this in the last few paragraphs of the UK section, on Hobbes, Locke, and Hume). James Madison, the primary author of the Bill of Rights, feared the influence of factions, which private associations furthered. As Boyd notes, Madison viewed association as a “second-order” right (page 258), whose existence is tolerable because institutions can mitigate its worst effects (page 247). The following passage from “Federalist No. 10” illustrates his attitude toward factions arising from free association:

It could never be more truly said than of the first remedy, that it was worse than the disease. Liberty is to faction what air is to fire, an aliment without which it instantly expires. But it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.

As Boyd notes, there are several possible reasons why Madison may not have enumerated the right to associate. It is possible that he saw it as implied by other First-Amendment rights, such as free assembly. It also may have been seen as less important or vulnerable than other rights, and Madison may have seen it as the type of auxiliary right protected by the Ninth Amendment. Finally, the right’s exclusion may have been because the founders were too skeptical of it for its inclusion (258).

Since the 1950s and 60s, SCOTUS has, to an extent, ruled that the speech and assembly rights imply a right to associate, especially for politically expressive purposes. For example, it ruled in NAACP v. Alabama that the NAACP cannot be forced to submit a membership roster to a state government. In 2000, in Boy Scouts v. Dale, the court held that the Boy Scouts could exclude gay members (in violation of state non-dsicrimination laws) because not being able to do so would undermine their ability to express a viewpoint - expressive association.

In Roberts v. US Jaycees, an organization for young business leaders’ ban on female members was challenged because it violated state non-discrimination law. This case is notable because the court identified a new form of association: intimate association. The opinion of the court states that “certain intimate human relationships be secured against undue intrusion by the State because of the role of such relationships in safeguarding the individual freedom that is central to our constitutional scheme.” The opinion places this right under the general aims of the First Amendment. The court ruled against the organization, but in so doing, it established the idea that Americans have the right to free intimate and expressive association. Still, one could argue that in a state with true freedom to associate, any group of people would be able to enact whatever membership restrictions it wanted, regardless of whether or not it falls into the categories of “expressive” or “intimate.”

Although assembly is the First-Amendment freedom that most seems to correspond with association, SCOTUS has not derived free association this way. Rather, it uses a more nebulous combination of various First-Amendment rights. As the majority held in NAACP v. Button, “It is not necessary to subsume such activity under a narrow, literal conception of freedom of speech, petition or assembly, for there is no longer any doubt that the First and Fourteenth Amendments protect certain forms of orderly group activity.”

Article XVIII of North Carolina’s Constitution: “That the people have a right to assemble together, to consult for their common good, to instruct their Representatives, and to apply to the Legislature, for redress of grievances.” Section 21 of New Hampshire’s Constitution: “The citizens have a right in a peaceable manner to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or for other purposes, by petition, address, or remonstrance. No law abridging the freedom of speech shall be enacted.”

Section XVI of the Pennsylvania Declaration of Rights: “That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.

References:

Boyd, Richard. “THE MADISONIAN PARADOX OF FREEDOM OF ASSOCIATION.” Social philosophy & policy 25, no. 2 (2008): 235–262.

The first instance in US constitutional law addressing the equivalent of the freedom of association is the inclusion of the right of freedom of assembly in the First Amendment to the United States constitution adopted in 1791. The amendment states: ‘That Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.’ The Supreme Court has asserted in cases such as NAACP v. Alabama (1958) that the amendment includes the right of freedom of association.

The White House. 2023. “The Constitution.” The White House. 2023. https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/#:~:text=The%20First%20Amendment%20provides%20that.

Uruguay 🖉 edit

The first instance of Freedom of Association in Uruguayan constitution is the 1934 constitution which stated in article 38 according to the translation: “Article 38.- All persons have the right to associate, whatever the object they pursue, provided that they do not constitute an illegal association declared by Law.

”“Constituci�N de La Rep�Blica - 1934.” 1934. Web.archive.org. 1934. https://web.archive.org/web/20131216185532/http://www.parlamento.gub.uy/Constituciones/Const934.htm.

Uzbekistan 🖉 edit

The first instance of the right of association is guaranteed in the 1992 Constitution of Uzbekistan. The 34th article roughly states that all citizens have the right to association and that no one may infringe on the rights, freedoms and dignity of the individuals.

08.12.1992. The Constitution of the Republic of Uzbekistan. 1992. Lex.uz. 1992. https://lex.uz/docs/4032775.

Vanuatu 🖉 edit

The first instance of the freedom of association in the Vanuatuan Constitution is in the first edition after independence in 1980 asserts in Chapter 2 Part 1 in article 5 sub article h that all individuals are entitled to freedom of assembly and association without discrimination.

REPUBLIC OF VANUATU. 1980. “CONSTITUTION of the REPUBLIC of VANUATU.” https://parliament.gov.vu/images/pdf/constitution.pdf.

Venezuela 🖉 edit

There are multiple constitutions and iterations of the Venezuelan constitution and the first instance of freedom of association is the 1961 constitution which indicated in article 70 that everyone has the right to associate for lawful purposes, in accordance with the law.

Bolivarian Republic of Venezuela. 1961. “Constitución de Venezuela, 1961 Con Reformas de 1983.” Pdba.georgetown.edu. 1961. https://pdba.georgetown.edu/Constitutions/Venezuela/ven1961.html.

Vietnam 🖉 edit

The first instance of the freedom of association in Vietnam is the 1946 constitution of the Democratic Republic of Vietnam, in Article 10 which states in translation; Vietnamese citizens have the right to: Freedom of organization and meeting, among other rights. Upon reunification of the North and South of Vietnam the 1992 Constitution indicated in article 69 that citizens are entitled to freedom of speech … assembly, association and demonstration in accordance with the law.

“Hiến Pháp 1946 Việt Nam Dân Chủ Cộng Hòa.” 1946. Thuvienphapluat.vn. 1946. https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-1946-Viet-Nam-Dan-Chu-Cong-Hoa-36134.aspx?v=d. Socialist Republic of Vietnam. 1992. “1992 CONSTITUTION of the SOCIALIST REPUBLIC of VIETNAM (as Amended 25 December 2001).” Http://Www.vietnamlaws.com/Freelaws/Constitution92%28aa01%29.Pdf/. 1992. https://web.archive.org/web/20081016121441/http://www.vietnamlaws.com/freelaws/Constitution92%28aa01%29.pdf/.

Yemen 🖉 edit

First instance of the right to association is the 39th Article in the 1991 constitution which stated: ‘Citizens all over the Republic may, in a manner that does not contravene the provisions of this constitution, associate politically, professionally, and in trade unions.‘ Further guaranteeing this right in the article stating the various types of associations permitted.

LL.M., Prof. Dr. Axel Tschentscher,. 1991. “Yemen Constitution.” Www.servat.unibe.ch. ICL. May 16, 1991. http://www.servat.unibe.ch/icl/ym00000_.html.

Zambia 🖉 edit

Zambia states in its constitution of 1991 that every person in Zambia has the right to: freedom of conscience, expression, assembly, movement and association according to article 11 as part of fundamental rights. President and Parliament of Zimbabwe. 1991. “Zambia 1991 (Rev. 2009) Constitution - Constitute.” Www.constituteproject.org. 1991. https://www.constituteproject.org/constitution/Zambia_2009?lang=en.

Zimbabwe 🖉 edit

Zimbabwe first highlights the right of association in section 21. Protection of freedom of assembly and association of the 1980 constitution after independence from the United Kingdom.

Zimbabwe. 1980. “CONSTITUTION of ZIMBABWE.” AceProject. 1980. https://aceproject.org/ero-en/regions/africa/ZW/Constitution%20of%20Zimbabwe%201980.pdf.

Is the identification of this right associated with a particular era in history, political regime, or political leader? 🖉 edit

This right became an element of political discourse in the late Enlightenment, especially in the mid and late 1800s, as seen in the works of authors such as John Stuart Mill and Leo XIII.

References:

Catholic Church. Pope (1878-1903 : Leo XIII). Rerum Novarum : Enciclica Di Leone XIII Sulla Questione Operaia. Lugano :Edizione a cura dell'Organizzazione cristano-sociale del canton Ticino per la celebrazione del LXX, 1961.

Mill, J. S. (1975) Three essays : On liberty, Representative government, The subjection of women. London: Oxford University Press.

Is there another noteworthy written source from the past that mentions this right? 🖉 edit

Freedom of association, as it is defined today, largely originates from the works of various political theorists. Early recognition of this freedom, however, can be found before and after the lifetimes of John Locke, Jeremy Bentham, and John Stuart Mill. Following the enactment of a constitution in 1815, the newly-independent Kingdom of the Netherlands took concrete steps to codify freedom of expression, which took this form following revisions in 1848 and 1983: “The right of association shall be recognized. This right may be restricted by Act of Parliament in the interest of public order" (Article 8).

The early Dutch interest in protecting free association arguably stemmed from their war of independence against Spain, and the decentralized form of republican governance that followed. This phenomenon is evidenced by the Union of Utrecht (1579) and the Act of Abjuration (1581). While neither document explicitly mentions the right to free association, they establish the necessary framework for its eventual adoption into the Dutch Constitution.

The Union of Utrecht was enacted prior to a formal declaration of independence from Spain, and would eventually influence the U.S. Articles of Confederation (for better or worse). It declared that the provinces and cities of the United Netherlands are entitled to “special and particular privileges,” as well as the freedom to maintain regional “franchises” and “long practiced customs.” This language primarily served as an acknowledgement of the differing factions and organizations that existed within and beyond Holland, and the efforts by William of Orange and other Dutch revolutionaries to garner a larger base of support. Regarding religion (an issue largely forced upon them by the Spanish Inquisition), the document protected individuals from being “investigated or persecuted because of [their] religion,” and allowed for religious ordinances to be established on a regional basis so they could be “most fitting for the repose and welfare” of different communities. In protecting religious freedom, the Union of Utrecht implicitly acknowledged the right to join religious organizations, which amounted to an intersection between the issues of religion and association.

The Act of Abjuration represented a definitive declaration of independence from Spain, which came to fruition following the Eighty Years’ War. The authors of this document asserted that royal subjects, when confronted with a tyrannical ruler, may collectively “proceed to the choice of another prince for their defense.” They admonished Habsburg Spain, which operated “under the mask of religion” to suppress associations in Holland that dissented against Catholicism or Spanish political rule. As the discontented subjects of a monarch can reasonably be termed as an association with shared interests, this document would theoretically assert their right to collective action. The Act of Abjuration sought to identify and protect the interests of Dutch society as a whole, while asserting that smaller associations within this broader collective were entitled to the political power previously wrested from them by Spain.

Neither the Act of Abjuration nor the Union of Utrecht explicitly mentioned the right to free association. The eventual adoption of this right in the Constitution of the Kingdom of the Netherlands in 1848, however, affirmed an ideological movement promoting free association that began in earnest during the Dutch revolution against Habsburg Spain. This experience undoubtedly shaped the Constitution of 1815, which currently recognizes free association as an enumerated right.

Pope Leo XIII forcefully argued for free association in Section 51 of Rerum novarum (1891), an extremely influential text in Catholic thought: "Private societies, then, although they exist within the body politic, and are severally part of the commonwealth, cannot nevertheless be absolutely, and as such, prohibited by public authority. For, to enter into a "society" of this kind is the natural right of man; and the State has for its office to protect natural rights, not to destroy them."

References:

“Act of Abjuration 1581, Dutch Declaration of Independence.” n.d. Www.age-of-The-Sage.org. https://www.age-of-the-sage.org/history/dutch_independence_1581.html.

“Union of Utrecht 1579.” n.d. Www.constitution.org. https://www.constitution.org/1-Constitution/cons/dutch/Union_Utrecht_1579.html.

“Recht Tot Vereniging.” 2021. Gert-Jan Leenknegt, Nederland Rechtsstaat. November 1, 2021. https://www.nederlandrechtsstaat.nl/grondwet/inleiding-bij-hoofdstuk-1-grondrechten/artikel-8-recht-tot-vereniging/.

Netherlands 1814 (Rev. 2008). n.d. Constitute. Comparative Constitutions Project. Accessed August 1, 2024. https://www.constituteproject.org/constitution/Netherlands_2008.

What specific events or ideas contributed to its identification as a fundamental right? 🖉 edit

An array of historical events have contributed to the identification of the right to freedom of association as a fundamental right ranging from the red scare during the Cold war, guilt by association laws, and the dismantling of legislation permitting the existence of racial segregation. A specific event that contributed to the identification of freedom of association as a fundamental right was the emergence of the Civil Rights Act of 1964; this enactment historically marked the end of segregation and legally prohibited the discrimination of people on the basis of race, ethnicity, gender or religious affiliation. After this act was enacted into law, people living in the American South were free to associate with anybody regardless of their racial or ethnic identity. Although the Civil Rights act was an example of legal identification of the freedom of association as a fundamental right, this was not the first time in history that association was debated over whether or not it constituted a right. The introduction of the acknowledgment of the right to freedom of association begins with the existence of guilt by association laws, as well as labor union provisions. These legal prohibitions restricting an individual from freely exercising their right to association with people of their choosing point to the significance of the legal precedent permitting the right to freedom of association to remain protected under law.

An example of an event that led to the classification of the right to freedom of association as impenetrable liberty under the law is drawn from a ruling that was decided in the early 20th century but drew upon a case from the 1890s to point out the precedent that the right to freedom of association had under Missouri state law. “The distinction [of the right to freely associate] was of some significance in the criminal syndicalism cases of the early twentieth century precisely because the Missouri Supreme Court had three decades earlier (in 1896) invalidated a St. Louis vagrancy ordinance that sought to forbid residents from “knowingly...associat-[ing] with persons having the reputation of being thieves, burglars, pickpockets, pigeon droppers, bawds, prostitutes or lewd women or gamblers, or any other person, for the purpose or with the intent to agree, conspire, combine or confederate, first, to commit any offense, or, second, to cheat or defraud any person of any money or property.” It was here, in a context far removed from public meetings and speeches, that lawyers and judges first considered a right to freedom of association.” (Whittington, 2008, pg. 81). This specific analysis of the documented Missouri Supreme Court invalidation placed upon the St. Louis' vagrancy ordinance in 1896 underlined an imperative element to the right to freely associate; a state cannot legally abridge someone from willingly associating with people that are assumed to have a negative reputation or past history within the legal system. This legal precedent solidified the right to freedom of association as a federally protected right; prohibition of the freedom to exercise an individual’s right to freedom of association would result in federal action against a state that chose to interfere.

Although the freedom to associate with people freely can include restrictions placed on an individual, there are indeed group prohibitions under the right to freedom of association. “Notions of political discrimination in the public workplace derived initially from the Cold War era in a series of cases dealing with loyalty oaths. Loyalty oath cases derived from the fear of the spread of Communism after the Russian Revolution in 1917. During this time and thereafter, many laws were passed in the United States which sought to limit the ability of Communists or Communist sympathizers from gaining government employment and undermining the government. In particular, numerous federal and state laws were passed prohibiting the holding of public employment by those who refused to swear that they had not had any connection with the Communist Party.” (Secunda, 2008, pg. 351). When the US government chose to reinforce fierce associative laws prohibiting the free exercise of choice to associate in groups with people that held different political ideological beliefs, the federal right to freedom of association was subjunctively infringed upon. During a volatile time for the US, while fighting against communist encroachment, the right to freedom of association was more or less viewed as something that could be used as a tool or weapon. By prohibiting the association of people in the US and Communists or supporters of the communist party, the US government was sending a clear message to those who aligned themselves with communism, that they would not be welcome to share their beliefs with other people through threats of blackballing or guilt by association.

An example of ideological group association that was upheld as a right to the freedom of association occurred in 1984, in of Roberts v. US Jaycees case. “Moreover, group expression is deemed essential in a democratic society to preserve political and cultural diversity and to protect unpopular views from majoritarian control.” (pg. Jameson, 1985, 1065). This idea of group expression extends beyond intimate associations, in the Supreme Court case Roberts v. United States Jaycees, the national organization of US Jaycees limited their full membership status to men aged eighteen to thirty-five; and subsequently prohibited women and older men in the organization from being eligible for full-time memberships. Justice William J. Brennan ultimately ruled that the inclusion of women and older men in ‘associate’ memberships constituted an acknowledgment of membership status. Thus the Jaycees had no legal right to exclude them from associating with the organization as full-time members. This ultimately affirmed the state of New Jersey’s court decision to institute an antidiscrimination policy within the bylaws of the US Jaycees membership requirements. “In Roberts v. United States Jaycees, the Supreme Court reversed, holding that the state’s interest in eliminating gender-based discrimination justified the impact that requiring the Jaycees to admit women may have on the male members’ freedom of association.” (Jameson, 1985, pg. 1058). Although the U.S. Jaycees were a private organization, the prior inclusion of women and older men as part-time members led the court to rule in favor of the NJ state decision, the Jaycees could not legally restrict women from associating themselves as full-time members within the Jaycees organization.

A situation that brought to light forceful infringements on the right to freedom of association occurred in the 2000s, following the exposure that the Boy Scouts of America excluded a scoutmaster from being a part of the organization after learning of his sexual orientation. “Boy Scouts of America v. Dale, 2000, US Supreme Court struck down this application of New Jersey’s anti-discrimination law on the ground that forcing the Scouts to allow homosexuals to be members and scoutmasters would alter the Scouts’ “message” and thus violate their First Amendment right of freedom of expressive association.” (Alexander, 2008, pg. 6). Due to the nature of the scout’s organizational message, specifically mentioning their goal to “instill clean and straight moral values”, the Supreme court ruled in favor of the organization’s right to freely associate with those that aligned with their moral values. This particular ruling signifies the dichotomy within the right to freedom of association; a private organization can restrict members from joining if their personal associations go against their organization’s message and central core tenets. The difference between this case and that of the US Jaycees case was rooted in how the organization viewed members. Boy Scouts of America subjectively denied homosexuals entry from their scout memberships and the entire program, whereas Jaycees had already included women and older men in their associative memberships within the organization. Thus, the supreme court aligned its rulings with factual precedent; if a state interfered with an organization's right to associate with those who they chose, then the federal government would step in and uphold the right to freedom of association as long as the provisions of membership were not violated. Therefore, it did not violate the Jaycees' right to freedom of association by allowing women and older men to move from part-time members to full-time. However, with BSOA, their organization’s values and the core central message would have been infringed upon if the court demanded that the Boy Scouts accept homosexuals as scout leaders and members.

A circumstance in history where the right to the freedom of political association was upheld by the Supreme Court followed the exercise of discriminatory voting blocs by the Democratic party in Texas. “In Terry [Terry v. Adams, 1953], the Court prohibited a county in Texas from giving effect to what amounted to (successful) racial bloc voting. Democrats far outnumbered Republicans in the county, and thus the Democratic primary winners always prevailed in the general elections for county offices. Further, white Democrats appreciably outnumbered black Democrats within the county’s Democratic Party. Although the Court in one of the earlier White Primary cases had forced the Democratic Party in Texas not to discriminate against black voters in its primaries —which, after all, were run by the state itself out of tax revenues—and the Democratic primary in this county was indeed open to black voters, the white Democrats organized themselves into the Jaybird Club and held their own, privately supported “pre-primary primary.” (Alexander, 2008, pg. 5). The right to freedom of association does not necessarily extend to the right to freely exclude an entire group of people from a public political organization through the use of racial bloc voting. The Democratic party was prohibiting the right to freedom of association by not allowing Black voters to have a choice of whether or not they wanted to associate themselves with the candidate that the Jaybirds had elected.

Historical events that contributed to a widespread belief in the importance of the right to freedom of association can be shown from the decision in the Supreme Court case Loving v. Virginia; decided in 1967, this case determined that Southern states were legally required to allow interracial marriages to be permitted under law. The Loving decision brought forth a significant argument in favor of the right to freedom of association, a state could not legally abridge the right to freely associate with people in intimate capacities.

The right to freedom of group expression underlines the exceptions within precedent regarding the exercise of group political identities or participation with associative organizations. “Specifically, these cases dealt with the so-called "spoils system," or political patronage, which rewards public employment based on loyalty to a given political party. In Elrod v. Burns, for example, the plurality decision written by Justice [William] Brennan found that Illinois public employees, who were non-confidential, non-policymaking employees, could not be fired merely because of their partisan political affiliation." (Secunda, 2008, 352). The Burns decision highlights an interesting exception to the right to freedom of association, although the spoils system was legal under the Constitution, the use of political patronage against state employees for their political identity association was a direct infringement upon an individual’s exercise of the right to freely associate. In this particular IL public school, employees found themselves penalized for choosing to associate themselves with a particular political party or organization based on the principle that the state of IL deemed it appropriate to fire employees based on their political associations.

Another example of protecting the right to freely associate intimately with another person is underlined by the decision in Lawrence v. Texas. In 2003, the Supreme court struck down a TX sodomy law as a violation of the Fourteenth Amendment. In an attempt to dictate the specific terms under the right to freedom of association, TX had formed a sodomy law prohibiting the free exercise of intimate forms of association. “‘Bowers had held that there was no constitutional right to engage in homosexual sodomy.' In overturning Bowers, Lawrence's central holding was that the Texas sodomy statute at issue furthered no legitimate state interest which could justify the intrusion into the personal and private life of the individual. The most important constitutional innovation wrought by this holding is the apparent attachment of some form of heightened scrutiny to the right to be free from decisional interference in matters of an intimate nature. Indeed, implicit in this holding is the need to balance individual privacy interests against legitimate and substantial state interests.” (Secunda, 2008, pg. 357). The significance of an intrusion on private associations in regards to exercising the freedom of association as a fundamental right divides the debate in half, a state government cannot abridge the freedom of association when deciding who someone can intimately be associated with under federal law. A legitimate state interest would need to be produced in order for an intimate association to be prohibited under TX state legislation.

References:

Alexander, Larry. "What is Freedom of Association, and what is its denial?." Social Philosophy and Policy 25, no. 2 (2008): 1-21.

Epstein, Richard A. "Public Accommodations Under the Civil Rights Act of 1964: Why Freedom of Association Counts as a Human Right." Stanford Law Review 66 (2014): 1241.

Inazu, John D. "The Unsettling “Well-Settled” Law of Freedom of Association”, 2010.

Jameson, Ann H. "Roberts v. United States Jaycees: Discriminatory Membership Policy of a National Organization Held Not Protected by First Amendment Freedom of Association." Catholic University Law Review 34, no. 4 (1985): 1055-1086.

Secunda, Paul M. "Reflections on the Technicolor Right to Association in American Labor and Employment Law." Kentucky Law Journal 96, no. 3 (2008).

Whittington, Keith E. 2008. “INDUSTRIAL SABOTEURS, REPUTED THIEVES, COMMUNISTS, AND THE FREEDOM OF ASSOCIATION.” Social Philosophy and Policy 25 (2). Cambridge University Press: 76–91.

When was it generally accepted as a fundamental, legally-protectable right? 🖉 edit

The Freedom of Association only became formally recognized in the US in 1958 with the landmark NAACP v Alabama SCOTUS decision (“NAACP v. ALABAMA, 377 U.S. 288” 1964). Just after the Brown v Board of Education ruling the NAACP became incredibly active in Alabama. When the state tried to demand a list of the organization's members, the NAACP refused. Freedom of Association can be found in the majority opinion where Justice John Marshall Harlan II wrote “It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech.” (“NAACP v. ALABAMA, 377 U.S. 288” 1964). Since the NAACP was allowed to organize their political group as an association and were afforded the privacy and rights they argued in the case. Prior to this, this right can be found in several U.S. cases leading up to the 1958 opinion. The Supreme Court did not always recognize Freedom of Association however. In 1886, a case centered on the forming of state militias, the Court declared that the government had the ability to regulate and prohibit associations “have the power to regulate or prohibit associations and meetings of the people, except in the case of peaceable assemblies.” (Cornell Legal Information Institute). The right to protest is clearly laid out here, while the Freedom of Association is denied. Later on, in a 1945 case, the Court applied the freedom of assembly stating, “[i]t was not by accident or coincidence that the rights to freedom in speech and press were coupled in a single guarantee with the rights of the people peaceably to assemble and to petition for redress of grievances. All these, though not identical, are inseparable.” This allowed unions to discuss benefits and consequences of organizing (“Thomas v. Collins, 323 U.S. 516 (1945)”). Throughout the 1950s, the Court started to refer to the freedom of association as a separate but related freedom, close to speech and assembly, found in the First Amendment. By 1958, the Court deemed it "beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of" civil liberties like the freedom of speech. (Cornell Legal Information Institute). Internationally, the earliest autonomous associations were founded by religion. The Roman Catholic Church was the most important institution in medieval Western Europe. It kept its own organization and self-government, even in the several states where it served as the recognized religion (“Freedom of Association: History”). They encouraged trade associations, guilds for artisans, and other associations, frequently with the consent of the nation's ruler, who was typically a monarch (“Freedom of Association: History”). Outside of the US, one of the first instances of the debate regarding Freedom of Association in terms of organized labor was in Great Britain. At the end of the 18th century, the Comination Acts suppressed attempts to organize unions (“Freedom of Association: History” n.d.). This caused radical reformers to protest, driving workers to violence. Eventually, the government backed the repeal of the Acts in 1824. This repeal served as Britain’s first major increase in the ability to organize and unionize. Despite some infringements on labor rights in the 1980s and 1990s, the Trade Union Congress is still a strong force in the United Kingdom’s politics and economy (“Freedom of Association: History”). This was an early implication through labor rights that Freedom of Association existed. In order to address bad working conditions and social unrest, the ILO (International Labor Organization) devised a tripartite organization that included representatives from industry, labor, and government (“Freedom of Association: History”). The International Labor Organization (ILO) approved Convention No. 87 on freedom of association in 1948, and Convention No. 98 on the right to collectively bargain in 1949. As of 2013, 152 countries had ratified Convention No. 87, and 163 had ratified Convention No. 98, demonstrating how highly accepted these treaties are around the world (“Freedom of Association: History”). There are eight fundamental ILO conventions, some of which forbid child labor, forced labor, and employment discrimination. Only 14 of the 189 international standards treaties have been ratified by the US Senate, and only two of the eight core agreements (on forced labor in 1991 and child labor in 1999) have been ratified (“Freedom of Association: History”). On the other hand, nations in the former Soviet Union approved ILO treaties without ever putting them into use. Communist nations argued that since the Communist Party and its affiliated labor organizations represented workers' interests, there was no need for free trade unions, which are highly specific to certain trades (“Overview of Freedom of Association”). Thus, Soviet trade unions were the antithesis of free association and an "anti-trade union" paradigm. The official unions didn't shield workers from exploitation; instead, they made them labor longer and harder to satisfy government demands (Constitution Annotated). In democratic nations, private companies occasionally adopted a similar strategy known as "company unionism," but the Soviet Union's methods were systematic in nature and a crucial component of the totalitarian regime. The Soviet Union imposed its model on its Eastern European satellite governments and exported it to other communist nations (Constitution Annotated). The largest country still using a Communist Party-controlled official union structure is the People's Republic of China (Constitution Annotated). One of the ILO's greatest historical contributions was the inspiration and assistance it provided to Poland's Solidarity movement, which saw millions of workers rise up starting in 1980 and demand the implementation of Conventions 87 and 98 as well as the establishment of the right to form free unions (International Labor Organization 1982). As a result of the movement's success—10 million workers joined within a month of Solidarity's founding—a free trade union was officially recognized for the first time in a Communist nation. The Polish Solidarity Revolution had a tremendous impact on the entire Soviet bloc (International Labor Organization 1982). Solidarity's success was a rejection of the previous regimes. After seven years of nonviolent protest, Polish workers mounted a nationwide strike that compelled the government to re-legalize Solidarity and concede to partially free elections in June 1989, which ultimately led to the overthrow of the government (International Labor Organization 1982). Soon after, the Soviet Union as a whole disintegrated, paving the way for the rise of several new republics. Small clandestine publications that explained to employees their rights under ILO treaties served as the foundation for the entire operation (International Labor Organization 1982).

References:

Constitution Annotated. “Overview of Freedom of Association.” Library of Congress. Accessed September 11, 2023. https://constitution.congress.gov/browse/essay/amdt1-8-1/ALDE_00013139/.

Cornell Legal Information Institute.“Overview of Freedom of Association.” LII / Legal Information Institute. Accessed September 11, 2023a. https://www.law.cornell.edu/constitution-conan/amendment-1/overview-of-freedom-of-association.

“PRESSER v. STATE OF ILLINOIS.” LII / Legal Information Institute. Accessed September 11, 2023b. https://www.law.cornell.edu/supremecourt/text/116/252.

“Freedom of Association: History.” Democracy Web. Accessed September 11, 2023. https://democracyweb.org/freedom-of-association-history.

International Labor Organization. 1982. “Interim Report - Report No 217, June 1982.” June 1982. https://www.ilo.org/dyn/normlex/en/f?p=1000:50002:0::NO:50002:P50002_COMPLAINT_TEXT_ID:2900704.

“NAACP v. ALABAMA, 377 U.S. 288 (1964).” FindLaw. Accessed September 11, 2023. https://caselaw.findlaw.com/court/us-supreme-court/377/288.html.

“Overview of Freedom of Association.” Library of Congress. Accessed September 11, 2023. https://constitution.congress.gov/browse/essay/amdt1-8-1/ALDE_00013139/.

“Thomas v. Collins, 323 U.S. 516 (1945).” Justia Law. Accessed September 11, 2023. https://supreme.justia.com/cases/federal/us/323/516/.