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Evils of Law, Ethics of Violence: A Look on the Derogatory Nature of the Right to Freedom of Assembly

Parsa, Amin LU (2011) JAMM04 20111
Department 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)
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author
Parsa, Amin LU
supervisor
organization
course
JAMM04 20111
year
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},
  keyword      = {Human Rights,freedom of assembly,form,time,space,pubic order,public space.},
  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},
}