Property:Contents
Jump to navigation
Jump to search
F
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:
https://www.alrc.gov.au/wp-content/uploads/2019/08/ip46_ch_4._freedom_of_association.pdf
https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-association +
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 +
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:
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 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 the 2002 Constitution: "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:
https://www.servat.unibe.ch/icl/ba01000_.html
https://www.constituteproject.org/constitution/Bahrain_2017?lang=en +
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:
http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf +
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:
https://pdba.georgetown.edu/Constitutions/Barbados/barbados66.html +
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:
https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzby0006&id=4&men_tab=srchresults
https://constitutionnet.org/sites/default/files/Belarus%20Constitution.pdf
https://www.venice.coe.int/webforms/documents/?pdf=CDL(2003)065-e +
Belgium has one of the oldest constitutions in the world. The first assertion of freedom of association is mentioned in the Constitution of Belgium of 1831 that was ratified February 7th.Freedom of association is mentioned under title II, article 20. In the latest amendment it is mentioned under article 27.
https://www.constituteproject.org/constitution/Belgium_1831
https://www.dekamer.be/kvvcr/pdf_sections/publications/constitution/GrondwetUK.pdf +
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."
https://www.constituteproject.org/constitution/Belize_2011 +
The first assertion of Freedom of Association in the Republic of Benin is mentioned in the Constitution of Benin that was adopted at the referendum on December 2nd, 1990 under Title II, article 25
https://constitutionnet.org/sites/default/files/Benin%20Constitution%20-%20English%20Summary.pdf +
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 +
First assertion of Freedom of association of Bolivia is mentioned in the Constitution of 2009 of the Plurinational State of Bolivia under Chapter III, Section I, Article 21 (4)
https://www.constituteproject.org/constitution/Bolivia_2009 +
First assertion of Freedom of association in Bosnia and Herzegovina is first mentioned in the Constitution of the Federation of Bosnia and Herzegovina of 1995 under Chapter II, Article 2, Section 3(i)
https://advokat-prnjavorac.com/legislation/constitution_fbih.pdf +
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’s constitution ([[Probable year:: 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 +
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/ +
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 +
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."
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=
1991 Constitution of Burkina Faso 1991 as revised in 2015: https://www.constituteproject.org/constitution/Burkina_Faso_2015 +
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."
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 +
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 have the rights to establish associations and political parties. These rights shall be determined by law. Khmer citizens may take part in mass organizations to work together to protect national achievement and social order."
https://heinonline-org.proxygw.wrlc.org/HOL/Page?handle=hein.cow/zzkh0002&collection=cow
https://www.constituteproject.org/constitution/Cambodia_2008?lang=en +