Back Joint Guidelines on Freedom of Association

Adopted on: 12 – 13 December 2014

These guidelines have been developed to further the goal of implementing the right to freedom of association. Although they are primarily intended for use by legislators tasked with drafting laws that regulate or affect associations, they can be of use to anyone who is interested in the practical aspects related to the exercise of freedom of association. The guidelines are based on the extensive case law of the European Court of Human Rights, among other standards, and illustrate key principles with examples of good practice from individual states. The guidelines consist of an introduction and three sections. Section A introduces the definition of associations, the importance of associations, the fundamental rights of associations and the need for well-drafted legislation in this regard. Section B outlines the guiding principles of the right to freedom of association, while Section C contains interpretative notes that elaborate on the guiding principles and are intended to provide a better understanding of the guidelines and should be read in concert with them. One of the provisions contained in the interpretative notes tackles the issues of independence of NGOs stating that “An association must be independent and free from undue interference of the state or of other external actors. An association is not independent if decisions concerning its activities and operations are taken by anyone other than the members of the association or a body designated by its members to do so.”

Youth specific: No

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Reference number: CDL-AD(2014)046 Adopted by: European Commission for Democracy through Law (Venice Commission) together with OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR)
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Council of Europe institution
CDDG
Commissioner for Human Rights
Committee of Ministers
Conference INGOS
Congress of Local and Regional Authorities of the Council of Europe
ODIHR
Parliamentary Assembly
Secretary General
Venice Commission
Level
Local level
Regional level
Theme
Access to Rights
Children
Citizenship
Civil participation
Decision making
Democracy
Education for Democratic Citizenship
Foreign funded NGO
Freedom of Assembly
Freedom of Association
Gender identity
Good practice
Human rights
Human rights defenders
Human Rights Education
Human Rights Organisations
INGO
Internet
Legal Personality
LGBT
Local level
NGOs
Non-formal education
Participation
Regional level
Restrictions
Sexual orientation
Shrinking space
Social rights
Standards
Whistleblowers
Youth
Youth Council
Youth organisations
Youth work
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