ABSTRACT

Lawyers and legal commentators generally assert that a legal right to protest exists in countries with a British legal heritage, albeit with numerous caveats, and even if not specifically listed in the International Covenant of Civil and Political Rights and other human rights measures. The right to protest is said to be a necessary consequence of listed rights to assembly and freedom of expression. However, these rights, even if listed in international instruments, have proven to be limited, and subject to significant exceptions, permit requirements, a growing array of anti-protest laws, and wide-ranging criminal offences, as this chapter explores. International instruments, bills of rights or human rights statutes provide only limited protection at best.