Right to protest
Encyclopedia
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
. While no human rights instrument or national constitution grants the absolute right to protest, such a right to protest may be a manifestation of the right to freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
, the right to freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
, and the right to freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
.
Many international treaties contain clear enunciations of these rights. Such agreements include the 1950 European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, especially Articles 9 to 11; and the 1966 International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
, especially Articles 18 to 22. However, in these and other agreements the rights of Freedom of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
, freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
, and freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
are subject to certain limitations. For example, the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
contains prohibitions on advocacy of "national, racial or religious hatred"; and it allows the restriction of the freedom to assembly if it is necessary "in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others." (Articles 20 and 21.)
Protesting, however, is not necessarily violent or a threat to the interests of national security or public safety. Nor is it necessarily civil disobedience
Civil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...
, because most protest does not involve violating the laws of the state. Protests, even campaigns of nonviolent resistance
Nonviolent resistance
Nonviolent resistance is the practice of achieving goals through symbolic protests, civil disobedience, economic or political noncooperation, and other methods, without using violence. It is largely synonymous with civil resistance...
or civil resistance
Civil resistance
The term civil resistance, alongside the term nonviolent resistance, is used to describe political action that relies on the use of non-violent methods by civil groups to challenge a particular power, force, policy or regime. Civil resistance operates through appeals to the adversary, pressure and...
, can often have the character (in addition to using nonviolent methods) of positively supporting a democratic and constitutional order. This can happen, for example, when such resistance arises in response to a military coup d'état
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
; or in the somewhat similar case of a refusal of the state leadership to surrender office following defeat in an election.
See also
- Civil disobedienceCivil disobedienceCivil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...
- Civil resistanceCivil resistanceThe term civil resistance, alongside the term nonviolent resistance, is used to describe political action that relies on the use of non-violent methods by civil groups to challenge a particular power, force, policy or regime. Civil resistance operates through appeals to the adversary, pressure and...
- Direct actionDirect actionDirect action is activity undertaken by individuals, groups, or governments to achieve political, economic, or social goals outside of normal social/political channels. This can include nonviolent and violent activities which target persons, groups, or property deemed offensive to the direct action...
- Nonviolent resistanceNonviolent resistanceNonviolent resistance is the practice of achieving goals through symbolic protests, civil disobedience, economic or political noncooperation, and other methods, without using violence. It is largely synonymous with civil resistance...
- ProtestProtestA protest is an expression of objection, by words or by actions, to particular events, policies or situations. Protests can take many different forms, from individual statements to mass demonstrations...