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Back Commissioner O'Flaherty calls for the protection of the right to freedom of peaceful assembly and human rights-compliant policing

Statement
Commissioner O'Flaherty calls for the protection of the right to freedom of peaceful assembly and human rights-compliant policing

"As protests continue across Europe, with young people and students playing a prominent role, and ahead of further demonstrations planned this weekend, I call on member states to protect the right to freedom of peaceful assembly and ensure human rights-compliant policing", said Council of Europe Commissioner for Human Rights, Michael O’Flaherty.

"Violence by some individuals or groups does not justify arbitrary restrictions, blanket bans or the dispersal of an entire assembly. Those engaging in violence must be distinguished from peaceful participants.

Law enforcement must prioritise dialogue and de-escalation. While it is legitimate for police to respond to looting and rioting and to keep people safe, the use of force and deprivation of liberty must be governed by strict standards:

  • Lawful and proportionate use of force: Any use of force must be strictly necessary, and all allegations of excess must be promptly investigated.
  • No arbitrary detention: Deprivation of liberty must have a lawful basis and never be used to intimidate or deter peaceful protest.
  • Safeguards for children:  Policing must take due account of children’s age and vulnerability. Detention must be a measure of last resort, with access to legal assistance.

Furthermore, the use of military personnel to police demonstrations may be problematic from a human rights point of view.

Protecting peaceful assembly is a democratic obligation. Responses to protests must always be guided by human rights and the rule of law."

Strasbourg 23 October 2026
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