Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.15: Right of Assembly

Abstract

This chapter reviews the freedom of assembly, which is guaranteed by Article 15 of the American Convention on Human Rights (ACHR). Article 15 of the ACHR is structured in two paragraphs. The first affirms the right of peaceful assembly in a positive way, while the second establishes the conditions under which the exercise of the right may be restricted by the State. The right to assembly is therefore by no means an absolute right and may be subject to restrictions under certain conditions. The conditions for restricting the right of peaceful assembly are commonly applicable to other rights subject to limitation and are not specific to Article 15. The three main criteria in the light of which a restriction of the right of peaceful assembly is assessed are the legality of the restriction, necessity, and the legitimacy of the aim pursued by the State when restricting the exercise of the right.