Publications

Parades and Protests in Northern Ireland (November 2013)

The Northern Ireland Human Rights Commission (the Commission), pursuant to section 69(1) of the Northern Ireland Act 1998, reviews the adequacy and effectiveness of law and practice relating to the protection of human rights. The present paper is a general advice on the human rights framework governing the right to peaceful assembly.

The rights of peaceful assembly and association are essential components of democracy, providing individuals with invaluable opportunities to, inter alia, express their political opinions and engage in literary and artistic pursuits1. The right of peaceful assembly is recognised at article 21 of the International Covenant of Civil and Political Rights (ICCPR)2 and article 11 of the European Convention on Human Rights (ECHR).3 The right of peaceful assembly is not absolute, restrictions may be imposed to protect the broader interests of the community and society.

The Special Rapporteur on the rights to freedom of peaceful assembly and of association, following a visit to the UK in January 2013, stated: the right to freedom of peaceful assembly is not an absolute right, as provided by article 214 of the ICCPR. Limitations imposed in accordance with these legitimate interests … are justifiable and may relate to the time, place and manner of parading. Conversely, a proportionate approach to weighing the rights of all parties involved in a parade may necessitate facilitating marchers to process through contested routes. The Special Rapporteur emphasizes that decisions … should be fully rooted in the human rights framework as this constitutes an objective and justifiable means of balancing the competing interests inherent in the process. Concerns that certain parades interfere with the rights and freedoms of others can thus be balanced by understanding that on the one hand pluralism, tolerance and broadmindedness are the hallmarks of a democratic society, but on the other hand article 205 of the ICCPR shall apply.6