Article 11 Flashcards
what is Article 11
Right to freedom of assembly and
association
qualified right
what are the rights under A.11
FREEDOM of peaceful assembly
Freedom of association with others
Right to form & join trade unions for the
protection of an individual’s interests
what are limitations under A.11
Article 11(2) Limitations where a public authority can restrict your rights to freedom of assembly and association: Prescribed by law Necessary in democratic society Interest of national security or public safety For prevention of disorder or crime For protection of health or morals For protection of rights and freedoms of others
the right must fulfil the criterion of proportionality:
involves looking at:
Is the limitation effective?
Is the least intrusive measure possible?
Does it deprive the very essence of the right?
Is it balanced between the competing interests
as a whole?
margin of appreciation
will vary from case to case.
The council of Europe has
expressed concern with the variance
of cases:
In Turkey – Security Bill extends powers of police to use firearms
In Spain, Law on Citizen’s security allows heavy fines against organisers of spontaneous protests
1) FREEDOM OF PEACEFUL ASSEMBLY
person is allowed to meet in public, march, process and demonstrate without state interference
this must be exercised peacefully, without violence and in accordance with the law
1) FREEDOM OF PEACEFUL ASSEMBLY social and sporting events
peaceful assembly will cover any gathering for a common economic or political purpose, but unlikely to be applicable to gatherings that are purely social or sporting in character
1) FREEDOM OF PEACEFUL ASSEMBLY can a totally peaceful assembly still be disbanded without violation of A.11
yes
Cisse v France
evacuation of the church on grounds that the assembly was unrelated to religious worship, there were serious sanitary and health risks, public order risks even tho it was peaceful
1) FREEDOM OF PEACEFUL ASSEMBLY counter demonstration
may be peaceful even though they may lead to a counter demonstration as it may annoy or give offence to persons opposed to the ideas or claims
Plattform Arzte das Leben v Austria
participants must be able to hold demonstration without fear of physical violence by opponents so while there is right to counter demonstrate, sometimes the state must interfere to protect citizens
1) FREEDOM OF PEACEFUL ASSEMBLY private land
where assembly takes place on private land, owner of land is able to prohibit the assembly, providing this doesn’t prevent lawful protest taking place in a suitable alternative place or by alternative method
Appleby v UK
2) FREEDOM OF ASSOCIATION WITH OTHERS
the right to come together with others to form an association
equally, it is right not to belong to association - Young, James and Webster v UK
2) FREEDOM OF ASSOCIATION WITH OTHERS
meaning of association
not defined, its not just spending time in other’s company (McFeeley v UK)
associations do not include professional regulatory bodies set up by state to regulate professions
2) FREEDOM OF ASSOCIATION WITH OTHERS political parties
political parties have been found to be an association
Redfearn v UK
breach of A.11 as he lost his job for exercising his right to freedom of association, unfair dismissal, discrimination on political grounds
3) THE RIGHT TO FORM AND TO JOIN TRADES UNIONS FOR THE PROTECTION OF AN INDIVIDUAL INTERESTS.
trade unions recognised as associations, state can restrict this right if justified e.g. restriction on secondary picketing
interference ‘PRESCRIBED BY LAW’
Must be a clear, precise and predictable legal
basis for the interference with Article 11
