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Dadparvar
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The German Constitutional Court on Thursday upheld citizens’ right to hold political protests after a group of activists in the state of Hesse petitioned the court with a document titled “Strengthen health instead of weakening fundamental rights – protection against viruses, not against humans.” The protesters hoped that the court would allow them to gather without legal restriction in the German city of Giessen despite ongoing COVID-19 lockdowns. The court’s decision allows demonstrators to assemble, but requires that they abide by social distancing practices.
“The ordinance of the Hessian state government to combat the coronavirus does not contain a general ban on outdoor gatherings for more than two people who do not belong to the same household,” said a court press release [German] regarding the case. “Freedom of association [is] protected by fundamental rights.”
Article 8 of the German constitution states “all Germans shall have the right to assemble peacefully and unarmed without prior notification or permission,” but adds that “in the case of outdoor assemblies, this right may be restricted by or pursuant to a law.” The Constitutional Court’s judgement cited this article to uphold freedom of assembly while requiring all protesters to adhere to social distancing.
The protest organizers have promised to maintain social distancing practices, but the ruling has fallen short of their ambitions of unrestricted freedom of assembly. Germany has had 130,400 confirmed COVID-19 cases with only 3,600 deaths, a mortality rate lower than most of Western Europe.
For more on COVID-19, see our special coverage.
The post Germany Constitutional Court upholds freedom of assembly despite COVID-19 restrictions appeared first on JURIST - News - Legal News & Commentary.
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“The ordinance of the Hessian state government to combat the coronavirus does not contain a general ban on outdoor gatherings for more than two people who do not belong to the same household,” said a court press release [German] regarding the case. “Freedom of association [is] protected by fundamental rights.”
Article 8 of the German constitution states “all Germans shall have the right to assemble peacefully and unarmed without prior notification or permission,” but adds that “in the case of outdoor assemblies, this right may be restricted by or pursuant to a law.” The Constitutional Court’s judgement cited this article to uphold freedom of assembly while requiring all protesters to adhere to social distancing.
The protest organizers have promised to maintain social distancing practices, but the ruling has fallen short of their ambitions of unrestricted freedom of assembly. Germany has had 130,400 confirmed COVID-19 cases with only 3,600 deaths, a mortality rate lower than most of Western Europe.
For more on COVID-19, see our special coverage.
The post Germany Constitutional Court upholds freedom of assembly despite COVID-19 restrictions appeared first on JURIST - News - Legal News & Commentary.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.