According to the International Covenant on Civil and Political Rights (ICCPR), a restriction on freedom of assembly is permissible only if it (i) is prescribed by law, (ii) pursues a legitimate aim, and (iii) is necessary and proportionate. A new law states: (a) any public assembly of more than 30 persons must obtain a permit; (b) permits are denied unless the assembly is sponsored by a registered political party; (c) a fine of ₦10,000 is imposed for holding an unpermitted assembly. Does this law satisfy the ICCRP criteria? Answer "Yes" or "No" and indicate which criterion, if any, fails.

Question

According to the International Covenant on Civil and Political Rights (ICCPR), a restriction on freedom of assembly is permissible only if it (i) is prescribed by law, (ii) pursues a legitimate aim, and (iii) is necessary and proportionate. A new law states: (a) any public assembly of more than 30 persons must obtain a permit; (b) permits are denied unless the assembly is sponsored by a registered political party; (c) a fine of ₦10,000 is imposed for holding an unpermitted assembly. Does this law satisfy the ICCR​P criteria? Answer "Yes" or "No" and indicate which criterion, if any, fails.

Accepted Answer

No; it fails criterion (iii) - necessity and proportionality.

Gce Model Questions Vol1 2024 Civic Education Question 28

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