The European Convention guarantees the right to assembly. Since the ratification of the Convention Sweden has been obligated to make proportionality balances when granting or restricting the right. However, the process of how the proportionality assessments work when cancelling or dissipating a public gathering, and thereby limit the right to protest, is unmapped. Therefore, the aim of this study is to analyze the legal problems that emerges by studying the Parliamentary Ombudsman’s and the Chancellor of Justice’s proportionality assessments relating to the right to protest. This will be done by comparing nine decisions made by the Parliamentary Ombudsman and the Chancellor of Justice between 1995 and today (2017).   The study concludes that the Parliamentary Ombudsman and the Chancellor of Justice overall made proportionality assessments and thereby respected the principle of proportionality. However, some legal problems complicated the assessments. The definition of resolution, public gathering and severe disorder can differ, which can result in discretional exercise of official authority. This may, in turn, restrict the freedom of assembly and thereby be a threat to the democracy.

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Police brutality is a problematic feature of the American society that has caused civil unrest among the vast majority. The excessive use of force from American police forces sparked off a wave of protests during 2020 in which people called for the abolishment of unnecessary and unethical police violence against civilians. The importance of the Black Lives Matter movement has been highlighted by the authoritarian response to the protests and the inhumane treatment of ethnic minorities in the United States. But given the strong protection of the freedom of speech and the freedom of assembly in the U.S. constitution, the problem seems to be intertwined with inappropriate attitudes of officials rather than written shortcomings in the law. In this thesis, I investigate how structural racism has affected the freedom of assembly in the United States, which is done through a critical review of relevant literature and documents concerning contemporary challenges for the Black Lives Matter movement. Various reports have addressed the mishandling of Black Lives Matter protests from American police forces and their arbitrarily use of the law to disperse them, e.g., by classifying predominantly peaceful demonstrations as “unlawful assemblies”. This is the kind of dishonest behaviour that I scrutinize further in this study, which is of great importance since it affects peoples’ human rights and ultimately threatens the collective well-being of the American people.  I also investigate and critically discuss the components of a sustainable understanding of the freedom of assembly, which is done through a theoretical analysis of the views of Ronald Dworkin and Jeremy Waldron. From this analysis, I learn about substantial problems that may arise from different theoretical understandings of this right and about the importance of spreading awareness of different forms of racism. Only by acknowledging the existence of racism in our societies, we can protect vulnerable groups from derogatory behaviours and together achieve social justice.