proper functioning of a democracy, any interference with the rights of political
parties to form must be strictly justified.941 Therefore, where, for example,
opposition groups were not permitted to meet in private or public and they were
harassed, there was a violation of this right.942
18. Religious groups may also be associations,943 as are squatters’ groups,944
although professional regulatory bodies may not be.945 Similarly, some
restrictions imposed on NGOs, for example, to register may also violate this
right,946 as may interferences with trade union activities.947
19. However, the Special Rapporteur has stressed the importance of legislation
prohibiting and criminalising associations which promote racism and
discrimination.948 Dissolution of such associations is considered to be a
justifiable limitation with the right.949
20. An absolute ban on the right to strike for public servants who may not be
engaged in essential services may therefore violate this right.950 However, the
instigation of disciplinary action against employees or public servants for taking
part in strike action is not justifiable.951
Proscribing, or blacklisting, organisations
21. Both the UN and other regional organisations have lists proscribing, or banning
certain terrorist organisations or individuals. Additionally, domestic frameworks
may also blacklist certain groups connected with terrorism. The act of
proscribing organisations will raise issues under freedom of association, unless
those organisations are using their freedom of association rights to destroy the
rights and freedoms of others. Under those circumstances, they do not have
freedom of association rights.
22. Where freedom of association is engaged by proscription, any interference will
have to be legitimate, necessary, proportionate and non-discriminatory.952
23. The UN Special Rapporteur on the Promotion and Protection of Human
Rights while Countering Terrorism has stressed that the decision to
proscribe an organisation must be done on a case-by-case basis. He
941
Human Rights Committee, re Syria, A/56/40, vol.I, p.75; European Court, United Communist Party
of Turkey v Turkey. African Commission, Communications 25/89, et al, OMCT et al v Zaire, 4 April
1996.
942
African Commission, Communications 25/89 et al, ibid.
943
European Court, Jehovah’s Witnesses of Moscow v Russia, 22 November 2010.
944
European Court, Association Rhino and Others v Switzerland, 11 October 2011.
945
European Court, Le Compte, Van Leuven and De Mayer v Belgium, 23 June 1981.
946
E.g. Human Rights Committee, re Belarus, A/53/40, vol.I, p.29.
947
Human Rights Committee, re Venezuela, A/56/40, Vol.I, p.53. See also European Court, Young,
James and Webster, 13 August 1981.
948
Article 4 CERD, A/HRC/26/29, para 51.
949
A/HRC/26/29, para 51; European Court, Vona v Hungary, 9 July 2013, para 71.
950
Human Rights Committee re Germany, A/52/40, vol.I, p.34.
951
European Court, Enerjï Yapi-Yol Sen v Turkey, 21 April 2009.
952
See section IV.B. above.
149
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