To Facilitate and Protect: State Obligations and the Right of Peaceful Assembly

Hamilton, Michael (2020) To Facilitate and Protect: State Obligations and the Right of Peaceful Assembly. Asia-Pacific Journal on Human Rights and the Law, 21 (1). pp. 5-34. ISSN 1388-1906

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Abstract

This article distinguishes the obligation of States to ‘facilitate’ and ‘protect’ the right of peaceful assembly under Article 21 of the International Covenant on Civil and Political Rights (ICCPR) from State practices that rather seek to ‘manage’ or ‘control’ its exercise. Focusing on the protection of public assemblies in the Asia-Pacific region and drawing principally on the UN Human Rights Committee’s assembly jurisprudence and its Concluding Observations on State reports, it emphasizes the critical importance of the language in which State obligations are framed and understood. Many domestic laws over-regulate the right of assembly by creating broad discretionary powers, impermissible grounds of restriction, bureaucratic procedures and onerous liabilities. Such laws reinforce a police ego-image premised on the pernicious logic of ‘management’ and encourage preventive policing tactics that fundamentally undermine the right of peaceful assembly.

Item Type: Article
Uncontrolled Keywords: article 21 iccpr,enabling legal framework,facilitate and protect,peaceful assembly,protest policing,state obligations,‘management’ of assemblies,sociology and political science,political science and international relations,law ,/dk/atira/pure/subjectarea/asjc/3300/3312
Faculty \ School: Faculty of Social Sciences > School of Law
Related URLs:
Depositing User: LivePure Connector
Date Deposited: 27 Mar 2020 01:29
Last Modified: 06 Nov 2020 01:33
URI: https://ueaeprints.uea.ac.uk/id/eprint/74644
DOI: 10.1163/15718158-02101002

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