Document Type : Original Article

Authors

1 Iranian International Studies Association (IISA), Tehran, Iran President of IISA

2 Ghaemshahr Azad University

10.22067/irlip.2024.81556.1371

Abstract

The right to freedom of assembly is one of the most important human rights and the components of political participation of citizens to achieve economic, social and cultural rights in a democratic government.
Human rights activists believe that the European Court of Human Rights has played an irreplaceable role in the gradual development of the conceptual and operational definition of rights.
In this Paper, the researchers are trying to examine the different opinions of the European Court of Human Rights regarding the right to freedom of assembly; examine the procedure of the judges of this court.

Therefore, the main question raised in this research is: "To what extent have the judgments of the European Court of Human Rights been effective in the development of the right to freedom of assembly?" And in the conclusion of this hypothesis of the authors, it has been confirmed that: "The European Court of Human Rights plays an influential role in the development of the right of associations, although gradually and slowly".
The achievement of the research is based on the spirit and meaning of the theory of "idea equal to the legal and judicial approach", based on this idea has focused that it is possible to achieve a "common definition" of human rights through the judgments of the European Court of Human Rights, and therefore has recommended to achieve it through the interpretations of the judgments of the European Court of Human Rights. This research is descriptive-analytical and follows a developmental goal.

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