The Freedom Of Association And Its Social, Logical, Political And Cultural Contexts

2437 WordsSep 15, 201410 Pages
The freedom of peaceful association is a right that is possessed by everyone. However despite the significance of this right, and as is the case with other human rights, it is absent from the Constitution of Australia. In the present paper, an attempt has been made, first of all to analyse the effect of consulting laws on the freedom of association in its social, logical, political and cultural contexts. As mentioned above, there is no explicit right to freedom of association that has been provided by the Constitution of Australia. However during the last decade, a view has been expressed by the High Court of Australia that the Australian Constitution contains an implied freedom of communication regarding the political matters of public…show more content…
In this regard, Article 20, UDHR states that every person has the right to assemble peacefully and at the same time it is also been provided by this article that no one can be compelled to join an association. In the same way, Article 22, ICCPR also recognizes the freedom of association as a definitive statement in international law and provides that every person should have the right freedom of association with others and this right includes the right to form and join trade unions for protecting his interests. It also provides that no restriction may be placed on this right other than the restrictions that have been prescribed by the law and the restrictions that are necessary for protecting public health or morals or for protecting the rights and freedoms of other persons. In this regard, this article also provides that it shall not prevent the imposition of lawful restrictions on the members of armed forces and police in exercising this right. At the same time, the significance of the right to freedom of association for the democratic system of Australia has also been affirmed by the high court in case titled Kruger v Commonwealth (1997) 190 CLR 1, 91. However despite the recognition of this right to freedom of association, there is no statutory or
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