<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The aim of the study is to illustrate the problem of freedom of assembly during the COVID-19 pandemic against the background of the experiences of the Republic of Poland and the United States of America. This freedom is provided for in the constitutions of both states, which implies that public authorities are obliged to implement it also in COVID-19 conditions. Hence, the question arises as to whether, and if so to what extent, public authorities in Poland and the United States (countries belonging to the United Nations and obliged to consider the standards of human rights protection resulting from international law) applied solutions realising freedom of assembly in the conditions of COVID-19. The authors try to determine the extent of the impact of legal measures applied by public authorities in both countries on the realisation of freedom of assembly and the public reaction produced by these measures. The choice of such a context for assessment was justified by differences in the legal culture of the countries being compared, the structure of the state, and the approach of both the public authorities and the society to freedom of assembly.</p>
</abstract>

The aim of the study is to illustrate the problem of freedom of assembly during the COVID-19 pandemic against the background of the experiences of the Republic of Poland and the United States of America. This freedom is provided for in the constitutions of both states, which implies that public authorities are obliged to implement it also in COVID-19 conditions. Hence, the question arises as to whether, and if so to what extent, public authorities in Poland and the United States (countries belonging to the United Nations and obliged to consider the standards of human rights protection resulting from international law) applied solutions realising freedom of assembly in the conditions of COVID-19. The authors try to determine the extent of the impact of legal measures applied by public authorities in both countries on the realisation of freedom of assembly and the public reaction produced by these measures. The choice of such a context for assessment was justified by differences in the legal culture of the countries being compared, the structure of the state, and the approach of both the public authorities and the society to freedom of assembly.

Freedom of Assembly in the COVID-19 Pandemic and the Limits of its Restraints in the Context of the Experiences of the Republic of Poland and the United States of America

Cardinal Stefan Wyszyński University in Warsaw

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The aim of the study is to illustrate the problem of freedom of assembly during the COVID-19 pandemic against the background of the experiences of the Republic...

Freedom of Assembly in the COVID-19 Pandemic and the Limits of its Restraints in the Context of the Experiences of the Republic of Poland and the United States of America

Published Online: Jul 09, 2022

Page range: 55 - 73

Received: Jan 29, 2022

Accepted: Apr 25, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.02.03

Keywords
constitution, COVID-19 pandemic, freedom of assembly, human rights, human rights restrictions, proportionality

© 2022 Aleksandra Syryt et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Freedom of Assembly in the COVID-19 Pandemic and the Limits of its Restraints in the Context of the Experiences of the Republic of Poland and the United States of America

Published Online: Jul 09, 2022

Page range: 55 - 73

Received: Jan 29, 2022

Accepted: Apr 25, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.02.03

Keywordsconstitution, COVID-19 pandemic, freedom of assembly, human rights, human rights restrictions, proportionality

© 2022 Aleksandra Syryt et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
constitution, COVID-19 pandemic, freedom of assembly, human rights, human rights restrictions, proportionality