Evils of Law, Ethics of Violence: A Look on the Derogatory Nature of the Right to Freedom of Assembly
(2011) JAMM04 20111Department of Law
- Abstract
- Freedom of assembly as one of the basic requirements of a democratic society is enshrined in various international human rights instruments. This right, due to its importance and necessity for a vibrant society, in itself has a direct link to the realization of other human rights; demonstration and assembly is a form of expression, which can be for the manifestation of other human rights.
The wide margin of appreciation reserved for states to preserve ‘pubic order’ as a way to excuse their legal obligations, in addition to the articulation of this right in international instruments, allows states to render the “public space” as its own playground and enables them to legally justify the use of violence against those who practice their... (More) - Freedom of assembly as one of the basic requirements of a democratic society is enshrined in various international human rights instruments. This right, due to its importance and necessity for a vibrant society, in itself has a direct link to the realization of other human rights; demonstration and assembly is a form of expression, which can be for the manifestation of other human rights.
The wide margin of appreciation reserved for states to preserve ‘pubic order’ as a way to excuse their legal obligations, in addition to the articulation of this right in international instruments, allows states to render the “public space” as its own playground and enables them to legally justify the use of violence against those who practice their basic human rights, on the basis that they are violent or radical and not peaceful.
This thesis tries to challenge the very essence of international human rights law, being protection of humans from state violence, to show the paradox, so normalized within the everyday practice of law that makes possible state interference in any given case of public assembly. This thesis tries to explain how international human rights law makes any form of resistance e.g. student protests in London against the new tuition fee law or French protests over the new retirement law, labelled as violent. Finally I will conclude that international human rights law, instead of granting political power to individuals to act against the state, takes away the potentiality of a basic political action. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/2158842
- author
- Parsa, Amin LU
- supervisor
- organization
- course
- JAMM04 20111
- year
- 2011
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Human Rights, freedom of assembly, form, time, space, pubic order, public space.
- language
- English
- id
- 2158842
- date added to LUP
- 2011-09-21 14:01:05
- date last changed
- 2011-09-21 14:01:05
@misc{2158842,
abstract = {{Freedom of assembly as one of the basic requirements of a democratic society is enshrined in various international human rights instruments. This right, due to its importance and necessity for a vibrant society, in itself has a direct link to the realization of other human rights; demonstration and assembly is a form of expression, which can be for the manifestation of other human rights.
The wide margin of appreciation reserved for states to preserve ‘pubic order’ as a way to excuse their legal obligations, in addition to the articulation of this right in international instruments, allows states to render the “public space” as its own playground and enables them to legally justify the use of violence against those who practice their basic human rights, on the basis that they are violent or radical and not peaceful.
This thesis tries to challenge the very essence of international human rights law, being protection of humans from state violence, to show the paradox, so normalized within the everyday practice of law that makes possible state interference in any given case of public assembly. This thesis tries to explain how international human rights law makes any form of resistance e.g. student protests in London against the new tuition fee law or French protests over the new retirement law, labelled as violent. Finally I will conclude that international human rights law, instead of granting political power to individuals to act against the state, takes away the potentiality of a basic political action.}},
author = {{Parsa, Amin}},
language = {{eng}},
note = {{Student Paper}},
title = {{Evils of Law, Ethics of Violence: A Look on the Derogatory Nature of the Right to Freedom of Assembly}},
year = {{2011}},
}