Right to protest

Janitorial workers exercising their right to protest in front of the MTV building in Santa Monica, California.

The right to protest is a perceived human right arising out of a number of recognized human rights. 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, the right to freedom of association, and the right to freedom of speech.^[1]

Many international treaties contain clear enunciations of these rights. Such agreements include the 1950 European Convention on Human Rights, especially Articles 9 to 11; and the 1966 International Covenant on Civil and Political Rights, especially Articles 18 to 22. However, in these and other agreements the rights of freedom of assembly, freedom of association, and freedom of speech are subject to certain limitations. For example, the International Covenant on Civil and Political Rights contains prohibitions on "propaganda of war" and 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, because most protest does not involve violating the laws of the state. Protests, even campaigns of nonviolent resistance or civil resistance, 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;^[2] or in the somewhat similar case of a refusal of the state leadership to surrender office following defeat in an election.

References

↑ "The Historic Right to Peaceful Protest". YourRights.org.uk (Liberty). 19 September 2006. Archived from the original on 30 April 2008.
↑ Adam Roberts, "Civil Resistance to Military Coups", Journal of Peace Research, Oslo, vol. 12, no. 1, 1975, pp. 19-36.

External links

Know Your Rights: Demonstrations and Protests (PDF) - American Civil Liberties Union

Substantive human rights

Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.

Civil and political	Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Freedom from cruel and unusual punishment Freedom from discrimination Freedom from exile Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid Liberty LGBT rights Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right of self-defense Security of person Universal suffrage

Economic, social and cultural	Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to housing Right to Internet access Right to property Right to public participation Right of reply Right of return Right to science and culture Right to social security Right to water Right to work Trade union membership

Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Reproductive health Right to sexuality

Violations	Corporal punishment

War and conflict	Civilian Combatant Freedom from genocide Prisoner of war War rape

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Right to protest

See also

References

External links