Article 11

Question 1

What is stated in Article 11.1?

Answer 1

Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of their interests

Question 2

Which limitations are set out under Article 11.2?

Answer 2

1) Prescribed by law
2) Necessary in a democratic society
3) For a legitimate aim such as:
- In the interests of national security or public safety
- 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 3

What is the criteria of proportionality?

Answer 3

1) Is the limitation effective?
2) Is it the least intrusive measure possible?
3) Does it deprive the very essence of the right?
4) Is it balanced between the competing interests on the whole?

Question 4

What is the right to peaceful assembly?

Answer 4

It is a person’s right to meet in public, march, protest and demonstrate without state interference.

Question 5

Which case shows that a completely peaceful assembly can be disbanded without a violation of Article 11?

Answer 5

Cisse v France - there were serious sanitary, health, peace, security and public order risks by the inhabitation of the Church by 200 protestors

Question 6

Which case shows that assemblies can be considered peaceful, even though they may lead to counter demonstrations?

Answer 6

Plattform ‘Ärzte für das Leben’ v Austria

Question 7

Which case shows that, when an assembly takes place on private land, the owner can prohibit the assembly (providing the lawful demonstration can take place elsewhere)?

Answer 7

Appleby v UK

Question 8

What is the freedom of association with others?

Answer 8

It covers the right to form an association, including the right to form and join trade unions.

Question 9

Which case shows that the right to association also includes the right not to belong in an association?

Answer 9

Young, James and Webster v UK

Question 10

Which case shows that the company of others is not considered to be an association?

Answer 10

McFeeley v UK

Question 11

Which case shows that a political party is an associaton?

Answer 11

Redfearn v UK

Question 12

What does prescribed by law mean?

Answer 12

There must be a clear, precise and predictable legal basis for the interference of the right

Question 13

What does necessary in a democratic society mean?

Answer 13

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

Question 14

Give an example of a case where Article 11 rights were limited in the interest of national security or public safety

Answer 14

The Laporte Case (this was decided to be disproportionate and there was a violation of Article 11)

Question 15

Give an example of a case where Article 11 rights were limited for the prevention of disorder or crime?

Answer 15

Cisse v France - 200 people occupying the church

Question 16

Give an example of a case where Article 11 rights were limited for the protection of health or morals?

Answer 16

Larmela v Finland - The Finnish Minister of Justice refused to register the Cannabis Association of Finland. This was permitted by the state.

Question 17

Which case defined breach of the peace?

Answer 17

R v Howell

Question 18

How is breach of the peace defined?

Answer 18

“Whenever harm is actually done or likely to be done to a person or in his presence or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance”.

Question 19

In which case was there not a trespass and why?

Answer 19

In the case of DPP v Jones (Margaret), a peaceful assembly on the verge of the A344 was deemed not to be a trespassory assembly as there was no obstruction of the highway.

Question 20

Which case decided that the slightest crossing of land is sufficient for a trespass?

Answer 20

Ellis v Loftus Iron Co.

Question 21

How is the tort of trespass defined?

Answer 21

As any unjustifiable intrusion by a person upon land that is owned by another.

Question 22

What are the legal justifications to trespass?

Answer 22

License to enter by law
Justification by right of way or easement
Justification by license or necessity
Powers granted to officers of the law

Question 23

Which act gives a police officer to ask a trespasser to leave land under certain conditions?

Answer 23

s61 Criminal Justice and Public Order Act

Question 24

What are the conditions for a police officer to ask a trespasser to leave land?

Answer 24

1) The occupier has already asked them to
2) They have damaged the land
3) Or have used threatening or insulting behaviour
4) Or they have six or more vehicles on the land

Question 25

Which act states that a police officer can ask people gathering for a rave to leave?

Answer 25

s63 Criminal Justice and Public Order Act 1994

Question 26

Which act covers aggravated trespass?

Answer 26

s68 Criminal Justice and Public Order Act 1994

Question 27

Give an example of an aggravated trespass case

Answer 27

DPP v Chivers - they occupied a building by glueing themselves to doors and chaining themselves to stair rails. In this case, land was interpreted to mean a building as well.

Question 28

What is aggravated trespass?

Answer 28

A regular trespass as well as intimidating people who use the land and disrupting and obstructing activities on the land.

Question 29

What is held under s70 of Criminal Justice and Public Order Act 1994?

Answer 29

A chief police officer who reasonably believes that an assembly will be held on land with a limited access to the public, that the assembly will take place without the occupier’s permission and that it would disrupt the life of the community or damage a site of historical importance can apply for an order prohibiting all trespassory assemblies for up to four days.

Question 30

Which act covers riots?

Answer 30

S1 of the Public Order Act 1986

Question 31

Which act covers violent disorder?

Answer 31

S2 of the Public Order Act 1986

Question 32

Which act covers affray?

Answer 32

S3 of the Public Order Act 1986

Question 33

Which act covers causing fear of provocation of violence, causing intentional harassment, alarm or distress?

Answer 33

S4-5 of the Public Order Act 1986

Question 34

Give an example of when a protest involved different competing interests

Answer 34

The anti-fracking protests in Yorkshire in 2017

Question 35

What is the criteria for the principle of proportionality?

Answer 35

- Effectiveness of the measures taken - The balance achieved - The intrusion caused - Whether Article 11 is breached

Question 36

What is a public procession?

Answer 36

Any number of people moving along a route

Question 37

What is a public assembly?

Answer 37

Two or more people gathered in a public place?

Question 38

Which act requires the organiser to provide advance notice of public processions by a week?

Answer 38

S11 of the Public Order Act 1986

Question 39

Which act permits the police to impose conditions on public processions?

Answer 39

S12 of the Public Order Act 1986

Question 40

Which act gives the police permission to prohibit processions for up to 3 months if they believe even extra conditions wouldn't prevent disorder?

Answer 40

S13 of the Public Order Act 1986

Question 41

Which act gives the police power to impose conditions on public assemblies?

Answer 41

S14 of the Public Order Act 1986

Question 42

Which act makes the wilful obstruction of a highway an offence?

Answer 42

S137 of the Highways Act 1980