Article 20 – Protesting and founding organisations

What does this right mean?

Letting your voice be heard, together with others: that is what Article 20 protects. The goal of this article is that people can participate in social and political organisations (associations), movements and peaceful protests. Protecting the right to protest (freedom of peaceful assembly) and to found or join organisations (freedom of association) helps to prevent isolation of people with deviating opinions and beliefs. Article 20 is therefore tied to Article 19 of the Universal Declaration: the right to freedom of expression. By being able to freely assemble, people become less easy to oppress or restrict in their individual freedoms.

The right to join something is not a duty. That counteraction of compulsion is worded in the second part of Article 20, which prohibits compelling people to become members of an organisation.

You are never too small to make a difference.

What is the history of this right?

By giving people the right to participate in social and political associations, movements and protests, the negotiators of the Universal Declaration hoped to improve social progress, collaboration and solidarity in all societies in the world. It could also improve economic progress. For instance, think along the lines of the possibilities to found or join professional associations and unions. At the same time, Article 20 was focused against oppression of civilians by states; that is why the prohibition on compelling people to join organisations was included in the article.

The adding of the word “peaceful” also stands out in Article 20: just like many parts of the Universal Declaration, this was also a reaction to the horrors of the Second World War, in which violent organisations and armed groups caused much suffering to people.

Where and how is this right documented?

The right to freedom to peacefully associate and assemble is documented internationally in Article 22 of the International Covenant on Civil and Political Rights from 1966. It also states that states may only restrict this right under strict conditions. A few months before they agreed on the Universal Declaration, countries within the International Labour Organization already agreed to protect the right to found professional associations and unions in a special treaty.

The European Convention on Human Rights (ECHR) protects the right to peaceful assembly and association in Article 11, as well as the right to found and join unions. Article 11 protects all kinds of organisations: from political parties to human rights organisations. With this, it plays a central role in democratic societies.

In Article 12 of the Charter of Fundamental Rights of the European Union, the freedom to peacefully associate and assemble is included. Here, the emphasis is especially on politics, professional associations and societal organisations. In Subsection 2 of that Article, there is specific attention for political parties at the level of the European Union.

In the Constitution of the Netherlands, the rights to freedom of association and assembly are documented in Articles 8 and 9, respectively. Both in the Constitution and in the ECHR, freedom is the starting point and its restriction by the government is the exception. Restrictions on these human rights by the government are therefore also bound by strict conditions.

How topical is this human right?

Climate protests, yellow vests, anti-racism protests on the Dam or farmers with tractors on the freeway: protests are commonplace in the Netherlands. The freedom to organise with others and to protest are important rights in order to stand up for your opinion. The fundamental human right the writers of the Universal Declaration had in mind is also of great importance in the Netherlands.

At a local level too, in a big city like Utrecht, civilians regularly use this constitutional right to make their voices heard on societal issues. In September 2019, for instance, thousands of people assembled to protest for more climate protection. The protesters, including many children and youngsters, demanded the undertaking of more action to counteract climate change. This protest was a part of the ‘“Global Week for Future’”. Not just in Utrecht, but worldwide, people protested to protect Earth better. A total of around eight million people participated! There have been many more climate protests ever since.

It is very important that people can let their voices be heard and make their opinions known. Many of the most important steps forward in the protection of human rights, from the movement which advocated for the abolishment of slavery to the women's rights movement, were made because people could organise, associate and express themselves. The same goes for protest movements which led to general suffrage or to peaceful resistance against dictatorship. So, the right to freedom of association and assembly is of great value to democracy and for human rights themselves.