COLLECTIVE RIGHT TO FREEDOM OF ASSEMBLY AND THE PROTECTION OF MINORITIES

Abstract

The purpose of this article is to analyze the concreteness of freedom of assembly, as a collective fundamental right, in comparative law, especially considering how international constitutional courts interpret and apply these rights. Although some collective rights have the legal nature of fundamental rights and have similar regulations in various countries, they do not always have the same concreteness when compared to the effectiveness they have elsewhere. Even less so for all groups in society. The same constitutional right has different levels of effectiveness. Some are heard more than others. In order to achieve the purpose of the article, the first subheading will examine the gradual and universal protection of fundamental rights. The second subheading will analyze the normative provisions, at a constitutional level, of collective fundamental rights, including the right to freedom of assembly. The third subheading will examine the judicial decisions of the Constitutional Courts in analyzing the extent of freedom of assembly. The research showed that, regardless of the constitutional provisions, there are differences in the interpretation and application of the fundamental right to freedom of assembly and, consequently, in its effectiveness. The methodology used was analytical-deductive, based on an analysis of the constitutional provisions on freedom of assembly in various countries and the decisions of the Constitutional Courts on these rights, in order to achieve the intended purpose and the results indicated.