Covenant on Civil and Political Rights, and Article 15 of the International
Convention on the Rights of the Child.
58.The ACHPR Guidelines on Freedom of Association and Assembly in Africa
defines Assembly as follows: “Assembly refers to an act of intentionally
gathering, in private or in public, for an expressive purpose and for an
extended duration. The right to assembly may be exercised in a number of
ways, including through demonstrations, protests, meetings, processions,
rallies, sit-ins, and funerals, through the use of online platforms, or in any
other way people choose.”(Paragraph 3).
59.The right to assembly is a fundamental right in a democratic society and can
only be restricted under certain circumstances. Any restriction to the right
to freely assemble must be prescribed by law, necessary and proportionate
for the purposes of protecting national security or public safety, preventing
disorder or criminal activities, protecting the health or morals of the public,
or protecting the rights and freedoms of other people. See also European
Court of Human Rights’ Guide on Article 11 of the European Convention
on Human Rights- Freedom of Assembly and Association, paragraph 53.
60.A fundamental principle in interpreting the right to assembly is the
presumption in favor of the right, this means that there shall be a
presumption in favor of the exercise of the right to freely assemble. States
must not only safeguard the right to assemble peacefully but also refrain
from applying unreasonable indirect restrictions upon the right. DJAVIT AN
V. TURKEY (APPLICATION NO. 20652/92) JUDGMENT OF 20 FEBRUARY 2003.
61.Any legal framework put in place or other steps taken relative to the rights
to freedom assembly shall have the primary purpose of enabling the exercise
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