|摘要: ||「集會自由」屬於自由權之一環，亦為表現自由之一部份。只要生而為人，便應具有此項權利，並承認集會自由權屬於基本人權。「集會自由」一詞，源起於一六九八年英國「權利法案」中受到承認，並表明集會自由之權利，可設想為自然的權利、人的內在，而非由國家權威機構之許可下誕生。而後，隨著時代之演變，「集會自由」之權利於一九六六年之聯合國大會所通過的《公民與政治權利國際公約》中具體條文化，並於《公民與政治權利國際公約》第二十一條規定：「和平集會之權利，應予確認。除依法律之規定，且為民主社會維護國家安全或公共安寧、公共秩序、維持公共衛生或風化、或保障他人權利自由所必要者外，不得限制此種權利之行使」。史考特‧卡爾森更於二O O三年出版之著書中呼籲，應正確地認識集會自由之權利，並要求締約國於明確的立場下，表明集會自由的權利屬於一項基本人權。|
Freedom of assembly is one of the liberties and also one of the ways to have freedom. As humans, we are certainly given this right and admit that the right to freedom of assembly is recognized as a human right. The term, freedom of assembly which legitimates the right of assembly originated from Bill of Right in England in 1698. Not made and permitted by the countries with authority, this right can be regarded as the natural one and people''s inherence. Afterward, with the generation change, the right to freedom of assembly was included in the articles of International Covenant on Civil and Political Rights (ICCPR) adopted in 1966. Furthermore, the article 21 of ICCPR mandates freedom of assembly: "The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others." Moreover, in Scott Carson''s book published in 2003, he claimed that we should know the right to freedom of assembly correctly and with a distinct standpoint, signatories should state clearly that the right to freedom of association is recognized as a human right.
The present study will discuss the protection of the right to freedom of assembly in the article 21 of ICCPR recognized by The United Nations General Assembly (UNGA) in 1966 as the emphasis. In addition, according to the cases and interpretation of the personal reports in the optional protocol, the study concludes the range and limitation of the protection of the right to freedom of assembly. Also, the study researches the right to freedom of assembly in the article 21 of The Constitution of Japan to discuss the way of protecting the right to freedom of assembly in Japan. Finally, based on how to determine the related norms in ICCPR and The Constitution of Japan, the aim of the study is to explore the required form of protection and the common features of the freedom of assembly.