article 11

Question 1

Article 11 – What rights are protected under Article 11(1) of the European Convention on Human Rights?

Answer 1

Article 11(1) protects the right to freedom of peaceful assembly, freedom of association, and the right to form or join trade unions for the protection of interests.

Question 2

Article 11 – What conditions must be met for the State to lawfully restrict Article 11 rights under Article 11(2)?

Answer 2

Restrictions must be prescribed by law, pursue a legitimate aim (e.g., national security, public safety, prevention of crime, protection of health/morals or others’ rights), and be necessary in a democratic society.

Question 3

Freedom of Assembly – What are the key protections under Article 11 related to public protests?

Answer 3

Individuals have the right to peacefully protest, assemble, and demonstrate in public without fear of violence or State interference, as long as the protest remains peaceful(G v Germany)

Question 4

Freedom of Assembly – When can the State lawfully restrict a peaceful protest? (4)

Answer 4

• If it turns violent, risks crime/disorder (Article 11(2)),
• causes health/sanitation issues (Cisse v France),
• obstructs a highway (DPP v Jones), or
• occurs on private land without consent (Appleby v UK).

Question 5

Freedom of Assembly – What did Plattform ‘Ärzte für das Leben’ v Austria establish?

Answer 5

The State has a positive obligation to protect peaceful demonstrators from violent counter-protesters, including the power to disband hostile counter-demonstrations.

Question 6

Public Order Act 1986 – What does Section 11 require from protest organisers?

Answer 6

Written notice to police at least 6 days in advance, including date, time, and route.

Question 7

Public Order Act 1986 – What powers do police have under Sections 12 and 14?

Answer 7

They can impose conditions on marches (s12) and static protests (s14) to prevent public disorder, damage, disruption, or intimidation.

Question 8

Public Order Act 1986 – What does Section 13 allow in extreme cases?

Answer 8

A complete ban on a public procession if serious public disorder is anticipated.

Question 9

Police, Crime, Sentencing and Courts Act 2022 – What are police powers under Section 73?

Answer 9

Police can restrict assemblies causing serious community disruption or significant noise/intimidation, including controlling route, conduct, and numbers.

Question 10

Police, Crime, Sentencing and Courts Act 2022 – What does Section 75 provide?

Answer 10

Police can arrest and prosecute individuals who do not comply with lawful restrictions under Section 73.

Question 11

Freedom of Association – What does Article 11(1) say about forming associations?

Answer 11

Citizens have the right to come together for shared aims, including political goals, without being forced to join any group.

Question 12

Freedom of Association – What did McFeeley v UK establish about the meaning of ‘association’?

Answer 12

‘Association’ must involve a meeting for a shared aim or goal, not just being in someone’s company.

Question 13

Freedom of Association – What did Redfearn v UK determine?

Answer 13

The State must protect individuals from unfair consequences for joining political associations; dismissing a BNP member from his job was a violation.

Question 14

Trade Unions – What union rights are protected under Article 11?

Answer 14

The right to join, not join, or choose a trade union of one’s choice (National Union of Belgian Police v Belgium).

Question 15

Breach of Peace – When can the police restrict an assembly based on breach of peace?

Answer 15

If there is harm, fear of harm, or an imminent risk of harm (R v Howell). Police actions must be proportionate and based on reasonable grounds (Laporte case).

Question 16

Public Order Act 1986 – What is the offence of Riot under Section 1?

Answer 16

12+ people using or threatening violence that would make a person of reasonable firmness fear for their safety.

Question 17

Public Order Act 1986 – What is Violent Disorder under Section 2?

Answer 17

3+ people using or threatening unlawful violence causing fear for safety.

Question 18

Public Order Act 1986 – What is Affray under Section 3?

Answer 18

1 person using or threatening unlawful violence that would cause a person of reasonable firmness to fear for safety.

Question 19

Trespass – When can the police act under Section 61 of the Criminal Justice and Public Order Act 1994?

Answer 19

When trespassers refuse to leave after being told, cause damage, threaten the occupier, or bring 6+ vehicles. Police can seize vehicles under Section 62.

Question 20

Trespass – How are raves controlled under Sections 63–66 of the Criminal Justice and Public Order Act 1994?

Answer 20

Police can shut down gatherings of 20+ people playing amplified music at night and act without a warrant to search, enter, or seize equipment.

Question 21

Trespass – What is aggravated trespass under Section 68?

Answer 21

• Trespassing with the intent to
• intimidate,
• obstruct, or
• disrupt lawful activity (e.g., Bauer v DPP).

Question 22

Trespass – What is a trespassory assembly under Section 70 of the Criminal Justice and Public Order Act 1994?

Answer 22

An assembly on private land without permission that threatens community disruption or damage to a historical/scientific site.

Question 23

Article 11 Restrictions – What makes a restriction proportionate and lawful under 11(2)?

Answer 23

It must be
* prescribed by law,
* have a legitimate aim, and be
* no more than necessary in a democratic society (R (Laporte) v Chief Constable).

Question 24

Legitimate Aims – What are acceptable justifications for restricting Article 11 rights?

Answer 24

National security, public safety, prevention of crime/disorder, protection of health/morals, or others’ rights and freedoms.

Question 25

Proportionality – What did *Tabernacle v SoS* establish?

Answer 25

The State **cannot impose disproportionate or blanket bans** on protests; restrictions must be **necessary** and **balanced**.

Question 26

Proportionality – When is banning a protest **location** justified?

Answer 26

When held on **private land** without **consent** (*Appleby v UK*).

Question 27

Proportionality – Why was the protest ban in R (Laporte) unlawful?

Answer 27

It was **not proportionate** or based on **imminent risk**; cancelling a whole protest due to **possible violence by some** was **excessive**.

Question 28

**Protection from Harassment Act 1997** – How does it restrict Article 11?

Answer 28

It allows **restrictions** on protests causing harassment or **fear of violence** under Section 8, which can interfere with Article 11 rights.

Question 29

Highway Obstruction – What did *DPP v Jones (1999)* rule about protesting on highways?

Answer 29

**Peaceful protest** on a highway is not automatically unlawful unless it wilfully **obstructs** it; it’s **not a trespassory assembly**.

Question 30

What is a breach of the peace?

Answer 30

something that either **causes harm**, **fear of harm** or a **serious risk** of harm to their **person** or **property** (*R v Howell*)