3B.3.5 Article 11

Question 1

Article 11

Answer 1

The right to freedom of assembly and association.

Question 2

Components to Article 11

Answer 2

Everyone has the right to:
- Freedom of assembly
- Freedom of association
- Form and join trade unions

Question 3

Freedom of assembly

Answer 3

It includes the organisation of, and participation in, marshes or processions, static assemblies or sit-ins and both public and private events, whether formal or informal. The right must be exercised peacefully, without violence or the threat of violence, and it must be in accordance with the law.

Question 4

Case studies – Protests

Answer 4

• Example of a peaceful protest: BLM protests in London.
• Example of a violent protest: Kill the Bill protests in Bristol. OR Edward Colston statue being thrown into the river in Bristol.
• Local example of a rally: Save Our NHS Rally in Carlisle, 2017.
• Local example of a counter demonstration: Counter demonstration from left-wing grounds against a far-right rally hosted by Tommy Robinson.

Question 5

Cases for freedom of assembly

Answer 5

• Saska v Hungary (2012) - The right to choose the time, place and manner of conduct of the assembly.
• Cisse v France (2002) - A totally peaceful protest can be disbanded without a violation of Article 11.
• Plattform Arzte fur das Leben’ (Doctors for the Right to Life) v Austria (1988) - A peaceful demonstration may annoy or give offence to persons opposed to the ideas or claims that the demonstration is seeking to promote.
• G v Federal Republic of Germany (1989) - If the purpose of the assembly is to cause disorder, this is not protected under Article 11.
• DPP v Jones (Margaret) - A peaceful assembly on a public highway is not trespass or public/private nuisance.
• Appleby v UK - If the assembly takes place on private land, the owner of the land is able to prohibit the assembly.

Question 6

Saska v Hungary (2012)

Answer 6

The right to freedom of assembly implies the right to choose the time, place and manner of conduct of the assembly, within the limits set by Article 11(2).

Question 7

Cisse v France (2002)

Answer 7

200 illegal immigrants occupied a church in protests about permits to become residents in France. They took part in a hunger strike. The police commissioner ordered them to be evacuated on the grounds of sanitary, health and public order risks. Held: Police’s action of removing them did not breach their Article 11 right.

Question 8

Plattform Arzte fur das Leben’ (Doctors for the Right to Life) v Austria (1988)

Answer 8

An association of anti-abortion doctors organised a religious service and march to the surgery of a doctor who carried out abortions. Held: A demonstration may annoy or offend to those against what it is promoting. Whilst there is a right to a counter protest, sometimes the state must intervene to protect its citizens and maintain order.

Question 9

G v Federal Republic of Germany (1989)

Answer 9

An illegal demonstration in front of US military barracks in support of nuclear disarmament. Demonstrators blocked the road for 12 minutes every hour, which meant the sit-in fell within the accepted definition of a ‘peaceful assembly’.

Question 10

DPP v Jones (Margaret)

Answer 10

A peaceful assembly on a public highway is not trespass or public/private nuisance.

Question 11

Appleby v UK

Answer 11

If the assembly takes place on private land, the owner of the land is able to prohibit the assembly.

Question 12

Freedom of association

Answer 12

The right to come together with other to form an association. This includes the right to form and join trade unions, and to join with others to pursue or advance common causes and interests,

Question 13

Cases for the freedom of association

Answer 13

• Young, James and Webster v UK (1981) - There is the also the right not to belong to an association.
• McFeeley v UK (1981) - Association does not mean the right to choose who to spend time with.
• Redfearn v UK (2012) - Association includes political parties.

Question 14

Young, James and Webster v UK (1981)

Answer 14

There is also the right not to belong to an association.

Question 15

McFeeley v UK (1981)

Answer 15

Cs were convicted of terrorist offences, and they were not permitted to mix with the rest of the prison community. Held: The meaning of association is not defined, as it is the case in many states. It does not mean the right to choose who to spend time with.

Question 16

Redfearn v UK (2012)

Answer 16

The appellant was a bus driver and elected as a local councillor representing the BNP. He was dismissed from his job after the election. Held: Association includes political parties so there was a violation of Article 11.

Question 17

Right to form and join trade unions

Answer 17

Trade unions are specifically recognised as associations, as is the right to form and join one.

The state can restrict the right if the restriction on secondary picketing and the right of a trade union to expel members.

• Examples of trade unions: Unite, Unison, GMB, NEU, RCN, RMT, ASLEF, UCU, CWU.

Question 18

Restrictions – Article 11(2)

Answer 18

• Prescribed by law
• For a legitimate aim
• Necessary in a democratic society

Question 19

Restrictions – Article 11(2)

Prescribed by law

Answer 19

This means there must be a clear, precise and predictable legal basis for the interference with Article 11. In the UK there are a number of restrictions, from common law and statute.

Common Law restrictions include breach of the peace and trespass to land.

• Under the Police, Crime, Sentencing and Courts Act, a new offence of “locking-on” has been created, which has a maximum of 6 months imprisonment and an unlimited fine. This originated to stop Just Stop Oil and XR protests from blocking roads and causing disruption, however it will have knock-on effects to society as whole.

Question 20

Restrictions – Article 11(2)

For a legitimate aim

Answer 20

The legitimate aim must fall under one of the following categories.

• In the interests of national security
• For the prevention of disorder or crime
• For the protection of health or morals
• For the protection of the rights and freedoms of others

Question 21

Restrictions – Article 11(2)

Necessary in a democratic society

Answer 21

There has to be a pressing social need for the interference and the interference should be proportionate to the legitimate aims pursued.

• The questions of proportionality arose in the case of R (Laporte) v Chief Constable of Gloucestershire.

Question 22

Critique point for the Article 11 restriction of ‘Prescribed by Law’

Answer 22

Critique point: The existing common and tort law, in addition to the Police Crime Sentencing and Courts Act, Public Order Act and Criminal Justice and Public Order Act 1994 makes the law very confusing, and potentially pointless because there are so many restrictions.