Anaya Nolan
Protesters are protected under international law, specifically Article 21 of the International Covenant on Civil and Political Rights (ICCPR), which imposes a negative duty on governments to refrain from interfering in demonstrations and a positive duty to protect and fulfil the exercise of the right to peaceful assembly. The use of force against protesters, such as arrests or the use of less-lethal weapons, should be avoided unless strictly unavoidable and must always be lawful, proportionate, and necessary. International law recognises the rights to freedom of association, peaceful assembly, and expression, which constitute the right to protest. However, the exercise of the right to protest may impact the rights of non-protesters, such as freedom of movement, and any restrictions imposed on protests must comply with international standards and be lawful, necessary, and proportionate. While law enforcement may need to use equipment to protect peaceful protesters, the misuse of tools and standard police equipment can violate protesters' human rights, and stronger regulations are needed to prevent this.
| Characteristics | Values |
|---|---|
| Right to protest | Recognised in various treaties, including the International Covenant on Civil and Political Rights (ICCPR) |
| Rights included in the right to protest | Freedom of association, peaceful assembly, expression, life, privacy, freedom from arbitrary arrest and detention, and freedom from torture and other ill-treatment or punishment |
| Use of force | Should not be imposed unless strictly unavoidable and must be lawful, proportionate, necessary, and least intrusive |
| Lethal force | Must comply with international standards and be a last resort |
| Less-lethal weapons | Use should comply with international standards and be a last resort |
| Arrests | Protesters should be free from arbitrary arrests |
| Torture | Use of tools designed to torture protesters is unlawful under the UN Convention against Torture |
| Standard police equipment | Must be used responsibly and in line with international standards on the use of force |
| Protest restrictions | Must comply with international standards and be limited as much as possible; restrictions should be lawful, necessary, proportionate, and applied without discrimination |
| Protest monitoring | Everyone has the right to observe, monitor, and record protests, whether or not they are part of the protest; this includes the right to record law enforcement operations |
| Human rights violations | Should be fully investigated and, where necessary, prosecuted |
| Protest notification | Protesters may notify police authorities of a planned protest, but police may not unlawfully ban it |
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What You'll Learn
- The use of force must be lawful, proportionate, and necessary
- Protesters' rights include freedom of expression and assembly
- Protesters have the right to not be subjected to torture or ill-treatment
- Police must treat protesters and counter-protesters equally
- Protest restrictions must be lawful, necessary, and proportionate
The use of force must be lawful, proportionate, and necessary
International law recognises the rights to freedom of association, peaceful assembly, and expression. These rights are enshrined in various treaties, including the International Covenant on Civil and Political Rights (ICCPR). Article 21 of the ICCPR imposes a negative duty on governments to refrain from interfering in demonstrations and a positive duty to protect and fulfil the right to peaceful assembly. This means that governments must facilitate people's ability to exercise their right to protest.
The use of force against protesters must always be lawful, proportionate, and necessary. If force is applied by a state, it must be done in accordance with international law. States are obligated to respect and protect the rights of all protesters, protest monitors, bystanders, and journalists without discrimination. The use of force can violate this obligation. In the case of Les Hijabeuses, a group of Muslim women footballers in France, the police banned their planned protest, citing social disorder and violence. However, a tribunal later ruled that this ban was unlawful.
When it comes to the use of force, the principle of legality requires states to develop a domestic legal framework that complies with international standards. This framework should outline the use of force, especially potentially lethal force. Additionally, the use of force must always be a last resort, with the least intrusive and least violent means being employed first. For example, shutting down a protest through a dispersal order should only be done when there is a clear and present danger of riot, disorder, interference with traffic, or an immediate threat to public safety.
International standards, such as those outlined in the ICCPR, provide guidelines for the use of force. Restrictions on the right to protest must be lawful, necessary, and proportionate, applied without discrimination. The imposing authority, such as the police, bears the onus of justifying any limitations on the right to protest. Protesters have the right to judicial or administrative review of decisions to impose limitations in an independent and impartial court or tribunal.
To ensure accountability and promote freedom of assembly and expression, everyone has the right to observe, monitor, and record protests. This includes the right to record law enforcement operations and police officers. Human rights violations against monitors, bystanders, and those recording or reporting on a protest should be fully investigated and, if necessary, prosecuted.
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Protesters' rights include freedom of expression and assembly
Protesters' rights are protected under international law, which upholds the rights to freedom of expression and peaceful assembly. These rights are enshrined in various treaties, including the International Covenant on Civil and Political Rights (ICCPR). According to Article 21 of the ICCPR, governments have a duty to refrain from interfering in demonstrations and to protect and facilitate the right to peaceful assembly. This means that restrictions on protests must comply with international standards and should be limited as much as possible.
The right to protest is not absolute, and it may be restricted if there is a clear and present danger of riot, disorder, interference with traffic, or an immediate threat to public safety. In such cases, law enforcement must follow procedures, providing a reasonable opportunity to comply with dispersal orders and ensuring a clear and unobstructed exit path. The use of force against protesters should be a last resort and must always be lawful, proportionate, and necessary. If force is used, states must develop a legal framework that complies with international standards, and they must establish effective reporting and review procedures.
Protesters have the right to observe, monitor, and record protests, and this right extends to recording law enforcement operations. Citizen journalists and members of the public can record protests without accreditation or permission. Human rights violations against monitors, bystanders, and those recording or reporting must be investigated and prosecuted. Protesters also have the right to file complaints with the relevant authorities if they feel their rights have been violated.
It is important to note that the exercise of the right to protest should not infringe on the rights of others. For example, while protesters may have the right to assemble in public spaces, they should not block access to buildings or interfere with the intended purpose of the space. Additionally, counterprotesters also have free speech rights, and law enforcement must treat both protesters and counterprotesters equally.
In conclusion, protesters' rights to freedom of expression and assembly are fundamental and protected by international law. These rights enable individuals to participate politically and hold governments accountable. However, it is crucial that these rights are exercised peacefully and responsibly, and that any restrictions or use of force are carried out lawfully and proportionally.
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Protesters have the right to not be subjected to torture or ill-treatment
Protest is a fundamental human right, and states are obligated under international law to respect and protect the rights of all protesters without discrimination. This includes the right of protesters to not be subjected to torture or ill-treatment.
The right to freedom from torture or cruel, inhuman, or degrading treatment is a fundamental human right enshrined in international law. The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) both explicitly state that no one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment. This right is further elaborated in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which has been widely ratified by states around the world.
The Convention against Torture establishes several key obligations for states parties. Firstly, it prohibits the extradition or return of an individual to a country where they would be at risk of torture. This principle of non-refoulement is crucial in ensuring that states do not contribute to acts of torture. Secondly, it requires states to criminalize torture under their domestic laws and establish appropriate penalties for such offences. Additionally, the Convention mandates that education and information about the prohibition of torture be included in the training of law enforcement, military, and medical personnel, among others. This helps to ensure that those who may interact with individuals in vulnerable situations are aware of the absolute prohibition of torture and ill-treatment.
The right to freedom from torture and ill-treatment is an absolute right, meaning it cannot be limited or restricted under any circumstances. This right applies to everyone, including protesters, regardless of their citizenship, immigration status, or any other factor. States have an obligation to ensure that their law enforcement and security forces do not use torture or ill-treatment against protesters. This includes physical violence, but also the mental and psychological effects of certain treatments. Any use of force by authorities must be lawful, proportionate, and necessary, and the least intrusive means possible must always be sought first.
In the context of protests, the use of force by authorities should only be employed as a last resort and must comply with international standards. If force is used, states must establish effective reporting and review procedures to address any incidents of unlawful use of force. Protesters who have been subjected to torture or ill-treatment have the right to complain and have their cases promptly and impartially examined by competent authorities. This includes the right to redress, compensation, and rehabilitation for victims of torture.
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Police must treat protesters and counter-protesters equally
International law recognises the rights to freedom of association, peaceful assembly, and expression. Together, these rights constitute the right to protest. States are obligated to respect and protect the rights of all protesters, protest monitors, bystanders, and journalists without discrimination.
The use of force against protesters, such as arrests or the use of less-lethal weapons, should be avoided unless absolutely necessary. If force is used, it must be done in accordance with international law and be proportional to the situation.
Protesters and counter-protesters have the right to free speech and assembly, and this extends to public spaces such as streets, sidewalks, and parks. In most cases, no permit is required to assemble or march in these spaces, as long as traffic and pedestrian access is not obstructed. Police officers can facilitate the safe movement of individuals by directing them to the side of a street or sidewalk.
It is important to note that individuals have the right to observe, monitor, and record protests, including the right to photograph and videotape police officers. Police officers cannot confiscate or demand to view photographs or videos without a warrant and must respect individuals' rights to document protests.
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Protest restrictions must be lawful, necessary, and proportionate
International law recognises the rights to freedom of association, peaceful assembly, and expression. These rights, enshrined in various treaties, including the International Covenant on Civil and Political Rights, constitute the right to protest.
In the context of protests, the use of force refers to arrests, the deployment of less-lethal weapons, or other actions that can infringe on protesters' rights. If force is applied, states must act in accordance with international law, respecting and protecting the rights of all protesters, protest monitors, bystanders, and journalists without discrimination.
To ensure accountability and uphold freedom of assembly and expression, anyone can observe, monitor, and record protests. This includes the right to record law enforcement operations and police officers, and it extends to citizen journalists and members of the public, without the need for accreditation or permission.
In some cases, law enforcement may need to use equipment to protect peaceful protesters and maintain safety. However, the misuse of standard police equipment or the use of tools designed for torture can violate protesters' human rights and cause serious injury or death.
Protesters themselves must also be mindful of their rights and responsibilities. They have the right to photograph anything in plain view, including federal buildings and police officers, and they can file a written complaint if their rights are violated. However, it is important to remain calm and not physically resist a police officer.
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Frequently asked questions
The right to protest is the right to freedom of association, peaceful assembly, and expression. These rights are recognised in various international treaties, including the International Covenant on Civil and Political Rights (ICCPR).
States are obligated to respect and protect the rights of all protesters, protest monitors, bystanders, and journalists. They must also facilitate the right to protest and refrain from undue interference. If force is used, it must be lawful, proportionate and necessary, with the least intrusive methods used first.
Unlawful force includes the use of tools designed to torture, such as electric shock devices and spiked batons, as well as the misuse of standard police equipment like rubber bullets and batons. The use of force that violates human rights protections, such as the prohibition of inhumane or degrading treatment, is also unlawful.
Protesters have the right to life, privacy, freedom of expression, and freedom from arbitrary arrest, detention, torture, and ill-treatment. They can also observe, monitor, and record protests without accreditation or permission. Additionally, protesters must not be discriminated against based on race, skin colour, gender, sexuality, language, religion, or social origin.
Law enforcement must use equipment responsibly and protect peaceful protesters. They can only break up a gathering if there is a clear and present danger, such as a riot or interference with traffic. Any restrictions imposed on a protest must be lawful, necessary, and proportionate.
