History of the Section


Paragraph (1) of s. 16 is modelled on article 21 of the ICCPR. Paragraph (2) of s. 16 is modelled on article 22 of the ICCPR. Articles 21 and 22 of the ICCPR include specific limitations that have not been reflected in s. 16. Similar rights exist in comparative law, refer to table below

Comparative rights table

Charter

Section 16. Peaceful assembly and freedom of association


Section 16(1): Every person has the right to peaceful assembly.


Section (2): Every person has the right to freedom of association with others, including the right to form and join trade unions.

ICCPR

Article 21:
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 (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.


Article 22:
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

ACT: Human Rights Act 2004

Section 15(1).


Section 2).

S Africa: Constitution of the republic of South Africa 1996 Chapter 2

Section 17.

Section 18.

UK: Human Rights Act 1998
Schedule 1, art. 11.
Canada: Canadian Charter of Rights and freedoms

Section c) and 2(d).

New Zealand: New Zealand Bill of Rights Act 1990

Section 16.

Section 17.