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