Northern Ireland's Orangemen have been told in a new report today that they do not have an absolute right under European law to parade.
The study, by the Human Rights Commission in Northern Ireland, examined the guidance to be drawn from international standards in the parades issue.
The commission said the document, "Parades, Protests and Policing", concluded that while freedom of assembly included the right to parade, this had to be balanced against the rights and freedom of others, in this case those who live in areas where marches take place.
The report comes ahead of the resumption of the Drumcree Orangemen's regular Sunday protest against being blocked from marching down the nationalist Garvaghy Road in Portadown, and before the Easter start to the marching season. The European Convention on Human Rights has been incorporated into British law.
Showing just how difficult it is to interpret European legislation, the report said the right to assembly included the right to: peaceful protest; annoy and give offence to opponents; parade; counter-demonstrate; a degree of protection from the state to exercise the right to assembly; peaceful protest even if a counter-protest threatens disorder; impede vehicular traffic and pedestrians.
However, it said the right to assembly did not include the right to assemble for an indefinite length of time; assemble for purely social reasons; provoke others to violence; hold a parade or protest if "hangers on" threaten disorder; offend religious sensibilities; or offend public morality.
The report said assembly could be restricted if there was a fear of public disorder - by demonstrators or opponents - if there was a recent history of violence there, or the state felt it could not control disorder.