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freedom of association : ウィキペディア英語版
freedom of association

Freedom of association is the right to join or leave groups of a person's own choosing, and for the group to take collective action to pursue the interests of members.〔Jeremy McBride, ''Freedom of Association, The Essentials of Human Rights'' (Hodder Arnold 2005) 18, states it involves coming together with other individuals and collectively express, promote, pursue and defend common interests.〕 It is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights and the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights, and Conventions 87 and 98 of the International Labor Organization.
Freedom of association is primarily manifested through the right to join a trade union, free speech or debating societies, political parties, or any other club or association such as religious groups, fraternities, or sport clubs. It is closely linked with the freedom of assembly, particularly under the US Bill of Rights. More specifically the freedom of assembly is understood in a political context, although depending on the source (constitution, human rights instrument, etc.) the right to freedom of association may be understood to include the right to freedom of assembly. Like many rights, freedom of association can be taken away as a result of a criminal conviction; associational restrictions are sometimes imposed by courts limiting the freedom of people convicted of crimes to associate with victims or potential victims, or with convicted criminals, gang members, or other categories of people who might be a bad influence on the defendant.
==History==
The general freedom to associate with groups according to the choice of the individual, and for the groups to take action to promote their interests, has been a necessary feature of every democratic society. Because freedom of association necessarily recognizes pluralistic sources of power and organisation, aside from the government, it has been a primary target for repression by all dictatorial societies. In the United Kingdom, all forms of "combination" were prohibited and criminal, particularly worker organisations, until the Combination Act 1825. After this, it was still not until the Companies Act 1856, the Trade Union Act 1871 and the Criminal Conspiracy and Protection of Property Act 1875 that companies and then trade unions became generally lawful. In Germany, a similar set of repressive laws were put in place against both trade unions and social democrat organisations by the Bismarck government under the ''Sozialistengesetze'' (the "Socialist Acts") in 1878. These remained in force until 1890. In 1933, trade unions were once again prohibited by the Fascist dictatorship of Hitler's National Socialist party, and the existing unions were nationalized and combined into a single government controlled German Labor Front. After World War Two, free trade unions were quickly resurrected and guaranteed by the German Grundgesetz. In the United States, trade unions were classified by various state courts, at various times, as being in restraint of trade. Under the Clayton Act 1914 trade unions were given a general freedom to organize and to act collectively to secure collective agreements, however further hurdles were put in place until the National Labor Relations Act 1935 created a comprehensive labor code.
*JS Mill, ''On Liberty'' (1859) ‘freedom to unite for any purpose not involving harm to others’
*Otto von Gierke, ''Genossenschaftsrecht''

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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