• SomeLemmyUser@discuss.tchncs.de
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      16 hours ago

      Yeah and thats what i meant.

      I didnt assume you want to prevent ALL protest. This would be literally one of the worst dictatorships in existens, few of them actually forbid all and every protest.

      Trying to exclude people without papers from democracy while not giving those people a fair chance to get papers is still the closest thing to racial segregation the international court allows

      Oh wait, international law art.20 Nr. 1 actually sets protests as a universal human right.

      • sqgl@beehaw.org
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        15 hours ago

        Which international law is that?

        Do you mean the International Covenant on Civil and Political Rights.

        Article 20 says:

        1. Any propaganda for war shall be prohibited by law.

        2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

        • acargitz@lemmy.ca
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          11 hours ago

          Help a tired brain out. Are you making the stupid argument that pro-Palestine advocacy is incitement to discrimination and hatred and war propaganda for Hamas?

          • sqgl@beehaw.org
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            11 hours ago

            That was article 20. The other commenter said article 20 but didn’t say which international law.

        • SomeLemmyUser@discuss.tchncs.de
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          13 hours ago

          Universal declaration of human rights:

          "Article 20

          Everyone has the right to freedom of peaceful assembly and association. "

          This in combination with art. 19 gives us the right to protest:

          "Article 19

          Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

          "

          Source: https://www.ohchr.org/en/human-rights/universal-declaration/translations/english

                • SomeLemmyUser@discuss.tchncs.de
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                  58 minutes ago

                  Well kinda yes and kinda no. The US constitution speaks of “the people” which is not defined legally, while some interpret this as “all people in the world”, some interpret it as “all people with significant connection to the US” and some “all people of the political community, e.g. citizens”

                  While certainly better then Germany’s version with “all Germans have the right…” Which is clearly more restrictive, its is not as clear cut in the US either - thus maga supporters label immigrants or dissidents as “aliens” which are in their interpretation not part of “the people”

                  https://harvardlawreview.org/wp-content/uploads/2013/02/vol126_the_people_in_the_constitution.pdf

                  While I am certainly in favor of the first definition of “the people” you clearly don’t interpret it that way in the fourth amendment (see US military in basically every war):

                  “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

                  Also

                  " When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

                  "