The right to protest is enshrined in various international (human rights) treaties, the Dutch Constitution and other legislation. It follows that the government has a duty to respect, protect and realize the right to demonstrate. But the right to protest and related freedom of expression is under pressure worldwide, including in the Netherlands.
Governments must go to great lengths to facilitate and protect demonstrations, but demonstrations are too often seen primarily as a risk to public order, rather than the exercise of a human right. Governments regularly fall short of guaranteeing this fundamental right. Many organizers and demonstrators face problematic restrictions and obstructive regulations and rules.
PILP is concerned about this because demonstrations are crucial to the democratic rule of law. History shows that the right to protest is essential to bring about social change. Think of women’s right to vote, LGBT+ rights, et cetera. Moreover, demonstrating is a right, not a favor.
Lawyers, academics and NGOs such as Amnesty International and the Dutch Lawyers Committee for Human Rights are also concerned about these developments. In 2018, the National Ombudsman wrote a critical report and in 2022, Amnesty International Netherlands released a report arguing that the right to protest is under pressure and that rules and practice in the Netherlands need to improve.