Research on the Freedom of Assembly in ICCPR: focusing on the implementation of the domestic law in Japan.

碩士 === 淡江大學 === 亞洲研究所碩士班 === 100 === Freedom of assembly is one of the liberties and also one of the ways to have freedom. As humans, we are certainly given this right and admit that the right to freedom of assembly is recognized as a human right. The term, freedom of assembly which legitimates th...

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Bibliographic Details
Main Authors: Chien-Ru ,Chen, 陳建儒
Other Authors: Ching-Shan ,Hu
Format: Others
Language:zh-TW
Published: 2012
Online Access:http://ndltd.ncl.edu.tw/handle/38676763563549222443
Description
Summary:碩士 === 淡江大學 === 亞洲研究所碩士班 === 100 === Freedom of assembly is one of the liberties and also one of the ways to have freedom. As humans, we are certainly given this right and admit that the right to freedom of assembly is recognized as a human right. The term, freedom of assembly which legitimates the right of assembly originated from Bill of Right in England in 1698. Not made and permitted by the countries with authority, this right can be regarded as the natural one and people''s inherence. Afterward, with the generation change, the right to freedom of assembly was included in the articles of International Covenant on Civil and Political Rights (ICCPR) adopted in 1966. Furthermore, the article 21 of ICCPR mandates freedom of assembly: "The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others." Moreover, in Scott Carson''s book published in 2003, he claimed that we should know the right to freedom of assembly correctly and with a distinct standpoint, signatories should state clearly that the right to freedom of association is recognized as a human right. The present study will discuss the protection of the right to freedom of assembly in the article 21 of ICCPR recognized by The United Nations General Assembly (UNGA) in 1966 as the emphasis. In addition, according to the cases and interpretation of the personal reports in the optional protocol, the study concludes the range and limitation of the protection of the right to freedom of assembly. Also, the study researches the right to freedom of assembly in the article 21 of The Constitution of Japan to discuss the way of protecting the right to freedom of assembly in Japan. Finally, based on how to determine the related norms in ICCPR and The Constitution of Japan, the aim of the study is to explore the required form of protection and the common features of the freedom of assembly.