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Freedom of Association under the Treaties of the United Nations: A Right of Intrinsic or Instrumental Value?

Research output: Contribution to journalArticlepeer-review

Abstract

Although enshrined within various international instruments of the United Nations, the right to freedom of association is principally developed under the rubric of Article 22 of the International Covenant on Civil and Political Rights. This article seeks to trace the contours of this right with regard to the jurisprudence and commentary of the institutions of the UN. Part II examines the protections afforded, restrictions permitted, and positive obligations imposed by article 22. Part ii analyses the interaction between article 22 and other rights guaranteed by the iccpr. Part III seeks to assess the rationale underpinning the protection of the right to freedom of association as protected by the UN treaties. The research finds that the Human Rights Committee has disproportionately framed Article 22 in terms of its political and systemic significance, and have neglected to develop a philosophical basis for the right deriving from its inherent value to the human person.

Original languageEnglish
Pages (from-to)342-356
Number of pages15
JournalEuropean Journal of Comparative Law and Governance
Volume12
Issue number1-2
DOIs
Publication statusPublished - 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 8 - Decent Work and Economic Growth
    SDG 8 Decent Work and Economic Growth
  2. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • freedom of association
  • human rights
  • Human Rights Committee
  • instrumental rights
  • International Covenant of Civil and Political Rights
  • intrinsic rights
  • United Nations

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