2. INTRODUCTION
The right to freedom of peaceful assembly is one of the cornerstones of any democratic and free society. It is prescribed by a number of core international human
rights treaties and OSCE commitments, such as the 1990 Copenhagen Document,
the 1990 Charter of Paris, the 1999 Istanbul Summit Declaration and the 2008 Helsinki
Ministerial Declaration on the occasion of the 6th anniversary of the Universal Declaration of Human Rights.1 It is closely linked with the exercise of other fundamental
rights and freedoms, including the right to life, to freedom from torture or inhuman/
degrading treatment, to private life, to freedom of expression and to liberty.
Law enforcement officials have a specific duty to facilitate the right to freedom
of peaceful assembly, including in what might sometimes be challenging circumstances, involving spontaneous assemblies and counter-demonstrations, or
during assemblies where participants are espousing a view that is unpopular or
controversial. ODIHR, in its Human Rights Handbook on Policing Assemblies2 and
related police training, emphasizes the need to ensure human rights-compliant and
adequate pre-event planning and preparation, in order to reduce the risk of violence
or public disorder. Despite good planning, however, law enforcement will have to
resort to the use of force in some circumstances.
The basic principles on the use of force are defined by the UN “Code of Conduct for
Law Enforcement Officials”3 and the UN “Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials”.4 The Code of Conduct lays out the duty
1
2
3
4
Please see Annex 1 for a list of relevant commitments.
ODIHR, Human Rights Handbook on Policing Assemblies (Warsaw: ODIHR, 2016), <https://w w w.osce.
org/odihr/226981>.
UN, “Code of Conduct for Law Enforcement Officials”, (UN General Assembly resolution 34/169, 1979),
<https://w w w.ohchr.org/en/professionalinterest/pages/lawenforcementofficials.aspx>.
UN, “Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”, (Havana, Eighth
United Nations Congress on the Prevention of Crime and the Treatment of Offenders, 1990), <https://
w w w.ohchr.org/en/professionalinterest/pages/useofforceandfirearms.aspx>.