ABSTRACT
Freedom of assembly, which is guaranteed under the Universal Declaration of Human Rights, Article 20 and in the European Convention on Human Rights (ECHR), Article 11, is a fundamental freedom which in part derives its legitimacy from its close association with freedom of speech. The exercise of freedom of assembly allows individuals to make their views known publicly and obtain public support. Free societies recognise the need to allow citizens to express views at variance with government views or ‘mainstream’ views, and to allow the public expression of such views. Allowing citizens to engage in public protest is seen as being one of the main distinctions between a totalitarian society and a democracy. Protest is valuable partly as demonstrating to the government that it has strayed too far from the path of acceptability in policy making and partly in deterring it from doing so.
