Freedom of association

From Wikipedia, the free encyclopedia

This article or section deals primarily with the United States and does not represent a worldwide view of the subject. Please improve this article or discuss the issue on the talk page.

Part of a series on
Freedom
By concept
Economic freedom Philosophical freedom Political freedom Liberty
By form
Assembly Association From government Movement Press Religion and beliefs Speech & expression Thought Self-defense
Other
Censorship Coercion Child rights Human rights Indices Media transparency Negative liberty Positive liberty Self-ownership This box: view • talk • edit

Freedom of association is a human right and concept in constitutional law based on the premise that it is the right of free adults to freely choose their associates for whatever purpose they see fit. This concept has been included in several national constitutions and other human rights instruments, including the United States Constitution, the European Convention on Human Rights, and Canada's Charter of Rights and Freedoms.

Contents 1 United States 1.1 Limitation 2 Libertarian 3 Workers' Freedom of Association 4 See also 5 References

[edit] United States

While the United States Constitution's First Amendment identifies the rights to assemble and to petition the government, the text of the First Amendment does not make specific mention of a right to association. Nevertheless, the United States Supreme Court has held that the freedom of association is an essential part of the Freedom of Speech because, in many cases, people can engage in effective speech only when they join with others. The Supreme Court has found the Constitution to protect the freedom of association in two cases:

1. Intimate Associations. A fundamental element of personal liberty is the right to choose to enter into and maintain certain intimate human relationships. These intimate human relationships are known as "intimate associations." The paradigmatic "intimate association" is the family.

2. Expressive Associations. Expressive associations are groups that engage in activities protected by the First Amendment—speech, assembly, petitioning government for a redress of grievances, and the free exercise of religion.

[edit] Limitation

However, the implicit First Amendment right of association has been limited by court rulings. For example, it is illegal in the United States to consider race in the making and enforcement of private contracts other than marriage or taking affirmative action. This limitation of freedom of association results from Section 1981 of Title 42 of the Civil Rights Act, as weighed against the First Amendment according to the court decision Runyon v. McCrary.^[1]

The holding of Runyon is that the defendant private schools were free to express and teach their views, such as white separatism, but could not discriminate on the basis of race in the provision of services to the general public. So, if the plaintiff African-American children wished to attend such private schools, and were clearly qualified in all respects (but race) and were able to pay the fees, and were willing to attend despite the fact that the school's professed principles were inconsistent with admitting them, then the schools were required by Section 1981 to admit them. The general rule to be drawn is that the First Amendment protects the right to express a viewpoint, including expression of a preference for racial discrimination, but people may not practice such ideas even within private associations.

This doctrine rests on the interpretation of a private contract as a "badge" of slavery when either party considers race in choosing the other. The phrase "badges... of slavery" is from the Circuit Court decision 109 U.S. 3 (1883)^[2] upholding the power of Congress to pass laws under the Thirteenth Amendment to the United States Constitution compensating for the legacy of slavery.

[edit] Libertarian

Freedom of association is a term popular in libertarian literature. It is used to describe the concept of absolute freedom to live in a community or be part of an organization whose values or culture are closely related to one's preferences; or, on a more basic level, to associate with any individual one chooses.

The libertarian concept of freedom of association is often rebuked from a moral/ethical context. Under laws in such a system, businessowners could refuse service to anyone for whatever reason. Opponents argue that such practices are regressive and would lead to greater prejudice within society. Right-libertarians sympathetic to freedom of association, such as Richard Epstein, respond that in a case of refusing service (which thus is a case of the freedom of contract) unjustified discrimination incurs a cost and therefore a competitive disadvantage.

Libertarians also argue that freedom of association, in a political context, is merely the extension of the right to determine with whom to associate in one's personal life. For example, somebody who valued good manners or etiquette may not relish associating with someone who was not decent or was uncouth. Or, a homophobe probably would not enjoy associating with gay people. In both instances, a person is voluntarily deciding with whom to associate, based on his/her own volition. Libertarians believe that freedom of association, in the political sphere, is not such a fanciful or unrealistic notion, since individual human beings already choose with whom they would like to associate based on a variety of reasons.

[edit] Workers' Freedom of Association

The organisation of labour was commonly resisted during the 19th century, with even relatively liberal countries such as the United Kingdome banning it for various periods (in the UK's case, between 1820 and 1824).^[3]

In the international labour movement, the freedom of association is a right identified under international labour standards as the right of workers to organize and collectively bargain. Freedom of association, in this sense, is recognized as a fundamental human right by a number of documents including the Universal Declaration of Human Rights and International Labor Organization Convention C87 and Convention C98 -- two of the eight fundamental, core international labour standards.

[edit] See also

• Freedom of assembly
• Self-determination
• Right to work

v • d • e Articles of the Universal Declaration of Human Rights
General Principles	Article 1: Freedom, Egalitarianism, Dignity, and Brotherhood · Article 2: Universality of rights
Civil and Political Rights. Treaty: International Covenant on Civil and Political Rights	Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel, unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention, and exile · Article 10: Right to fair trial · Article 11.1:  Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to Privacy · Article 13 Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property  · Article 18: Freedom of thought, conscience, and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage
Social, Cultural and Economic Rights. Treaty: International Covenant on Economic, Social and Cultural Rights	Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration  · Article 23.4: Right to join a trade union · Article 24:  Right to rest & leisure  · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children  · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property
Context, limitations and duties	Article 28: Social order · Article 29.1: Social responsibility  · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Human Rights Category · Human Rights Portal

[edit] References