Realising an Effective Right to Protest: Impediments and Opportunities

This chapter addresses the variety of restrictions that can impede the effective implementation of the right to protest with a focus on restrictive legislative changes in a number of jurisdictions and the key role played by law enforcement in regulating protest (in particular, the policing of protests and use of criminal laws such as public order offences). It also discusses the creation of hostile political and legal environments for protests globally, the chilling effect this has created for the right to protest and the practical hurdles confronting protesters who wish to exercise their fundamental rights. It catalogues a number of developing trends in protest laws globally, including the use of wide terminology in legislation to allow state authorities to restrict protests in various ways. The chapter also examines policing practice and accountability, looking at issues such as the interaction between notification/permit requirements for protests, the conceptualisation of ‘disruption’ and the critical, decisive role played by police discretion in the regulation of protests. In doing so, the chapter provides a number of examples from state practice which show evidence of significant departures from international human rights norms and standards.