Introduction
The freedom of association is protected by both international and regional human rights instruments. As the discussion below will illustrate, the protection of this important freedom is enshrined in national constitutions as well. In some countries (e.g., the United States), even though the Constitution does not specifically protect the freedom of association in the First Amendment, protection has been inferred in the case law (NAACP v. Button).
Definition
Freedom of association means the freedom to associate but also the freedom not to associate. The freedom of association includes the right to associate informally. It also implies the right to form legally registered (incorporated) organizations, such as associations, foundations, and not-for-profit corporations (civil society organizations or CSOs).
Historical Background
Article 19 of the Universal Declaration of Human Rights of 1948 (Universal Declaration) states that “[e]veryone has the right to freedom of opinion and...
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References/Further Readings
Board of Directors of Rotary Int’l v. Rotary Club of Duarte, 481 U.S. 537 (SCOTUS 1987).
Boy Scouts of America and Monmouth Council, et al. v. James Dale, 530 U.S. 640 (SCOTUS 2000).
Chassagnou et al. v. France, judgment of 29 April 1999 ECJ, appl. nos. 25088/94, 28331/95, 28443/95) (which involved the question of whether statutorily regulated hunting associations must be deemed to be organizations that are governed by public law).
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (A/RES/53/144, 9 December 1998).
Freedom and Democracy Party (ÖZDEP) v. Turkey, Grand Chamber 1999.
Iheme, E. (2002). Freedom of Association in a Nigerian Community – Old Usages, New Rules. The International Journal of Not-for-Profit Law, 4.
Inter-American Commission on Human Rights Advisory Opinion OC-585, November 13, 1985 (the principal holding was that the mandatory membership in the journalists’ association in order to practice journalism did not violate the freedom of expression). But see separate opinion of Judge Rafael Neito-Navia, who suggested that mandatory membership would violate freedom of association.
New Patriotic Party v. Att’y Gen’l, Supreme Court of Ghana, 1997 (CIBA case).
Refah Partisi v. Turkey, Grand Chamber ECtHR 2003.
Salamon, L. (2004). The Global Associational Revolution. Foreign Affairs.
Simon, K. W. (2009). Regulation of Civil Society in China: Necessary Changes after the Olympic Games and the Sichuan Earthquake, 32 Fordham Int'1 L. J. 101.
Sidirpolous and Others v. Greece, Grand Chamber ECtHR, 10 July 1998.
United Communist Party v. Turkey, Grand Chamber ECtHR, 30 January 1998.
United Macedonian Organisation Ilinden – Pirin and Others v. Bulgaria, ECtHR 20 October 2005.
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Simon, K. (2010). Freedom of Association. In: Anheier, H.K., Toepler, S. (eds) International Encyclopedia of Civil Society. Springer, New York, NY. https://doi.org/10.1007/978-0-387-93996-4_52
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