This publication originates from the website of Amnesty International.
Under-protected and over-restricted: The state of the right to protest in 21 countries in Europe
Peaceful protest has long been a vehicle for advancing human rights and justice. Many of the rights and freedoms that we take for granted today have been achieved, in whole or in part, by people taking to the streets to demand change for the better and make their calls heard. In a world that grapples with increasing inequality, persistent discrimination, racism, armed conflict, and climate change concerns, protests are a more important tool than ever for people seeking justice and human rights. However, Amnesty International’s upcoming report documents how, instead of respecting, protecting and facilitating people’s right to peacefully assemble, authorities across Europe are deliberately stigmatizing, impeding, deterring and punishing people who protest.
Amnesty International researched the legal regulations and related policies governing the right of peaceful assembly in 21 European countries, namely Austria, Belgium, Czechia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Serbia, Slovenia, Spain, Sweden, Switzerland, Türkiye and the UK. States are obliged, under the international treaties to which they are party, to respect, protect and uphold human rights to freedom of peaceful assembly, expression and association, as well as the rights to non-discrimination, privacy and physical integrity which encompasses the right to security and to be free from violence. These are essential for people to protest safely. However, Amnesty International’s research shows that many state authorities, instead of addressing pressing concerns, removing obstacles and promoting dialogue to remedy injustice, abuses and discrimination, they respond to peaceful protests by cracking down on those organizing and participating in protests. This includes through the passing of repressive laws, establishment of onerous procedural obligations, imposition of arbitrary or discriminatory restrictions, racist policing and use of unnecessary or excessive force against peaceful protesters, arbitrary interferences including the arrest, prosecution and imprisonment of protesters, as well as increasing use of invasive surveillance technology.
Such attacks on the right of peaceful assembly make many people reluctant and fearful to exercise their human rights. The subsequent ‘chilling effect’ is especially serious for individuals and groups who already experience heightened barriers to protest, and who are subjected to inequality, marginalization, racism, discrimination and violence because of, among other grounds, their race, ethnicity, religion, and/or migration status.
Amnesty International’s research on the current situation of the right of peaceful assembly in Europe is part on the organization’s global campaign ‘Protect the Protest’ and contributes to the global effort to ensure that states respect, protect and fulfil the right of people to organize and participate in protests safely, with adequate protection and without discrimination, state violence, oppression or surveillance.
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