ASSESSING THE HUMAN RIGHTS COMMITTEE’S GENERAL COMMENT NO. 37: IS THE INTERPRETATION SUFFICIENT TO PROTECT THE FREEDOM OF ASSEMBLY IN TIMES OF PUBLIC HEALTH EMERGENCY?

Abstract

Implementing the right of peaceful assembly in the midst of a pandemic seems dangerous, especially when the disease is highly infectious. The United Nations Human Rights Committee then adopted General Comment No. 37 which explains the scope of protection of Article 21 of the International Covenant on Civil and Political Rights 1966. This writing is normative research on the interpretation made by the Human Rights Committee and assessing the sufficiency of the said interpretation in protecting the freedom of assembly in the midst of public health emergencies. It is found that the Human Rights Committee has conducted a thorough method in interpreting the protective scope of Article 21 of the ICCPR, whereas the General Comment No. 37 provides a vast protective scope, including a thorough guideline on how to conduct the freedom of assembly in times of public health emergency.