Article 11

Question 1

What right does Article 11 cover?

Answer 1

The right to freedom of assembly and association, and the right to join and form trade unions

Question 2

What type of right is article 11?

Answer 2

• Qualified
• Fundamental
• Civil/political

Question 3

What is the scope of Article 11 under Art 11(1)?

Answer 3

• Interest groups meetings, marches, public demonstrations, sit-ins, events
• Must exercise right peacefully and in accordance with law
• Applies to political/common/economic purposes not purely social/sporting (McFeeley v UK)

Question 4

Explain the law assembly

Answer 4

• To gather/come together as a group, to march, protest or demonstrate, peacefully, without state interference
• Not include right to assemble on private land without permission (Appleby v UK)

Question 5

Explain the law on association

Answer 5

• To assemble/come together as a group or gather with others and form association
• Includes political parties (Redfearn v UK)
• Not include professional bodies (law society, general medical council: Le Compte v Belgium)

Question 6

Explain the law on the right to join and form trade unions

Answer 6

• Cannot be excluded due to TU membership (Wilson + Palmer v UK)
• Can be excluded from TU (Ashley v UK)

Question 7

What are the restrictions under Art 11(2)?

Answer 7

• In accordance with law
  –> Breach of the peace
  –> CJPOA (remove trespassers, direct away from raves)
  –> Highways Act (DPP v Jones)
  –> Public Order Act
• Necessary in a democratic society
  –> Meet pressing social need
• Proportionate
  –> Aim justifies interference
  –> Minimal interference
  –> Interference not outweigh objective
  –> Not arbitrary/unfair/irrational
  –> Measure connected to aim
• Legitimate aim
  –> Interest of national security
  –> Prevention of crime/disorder
  –> Protection of health/morals (Cisse v France)
  –> Protection of rights/freedoms of others

Question 8

What are the exceptions to the restrictions of Art 11?

Answer 8

State can interfere with rights of armed forces/ police/ civil servants to join associations and take part in marches/ protests/
demonstrations

Question 9

Evaluate Article 11

Answer 9

• Long standing fundamental right
• Parliamentary influence = allow for more democratic decision making as represent public opinion
• Wide interpretation = affords more protection
• Without state interference but also with state protection (Plattform Artze Fur Das Leben v Austria)
• Qualified = essential for societal functioning but contrast universality
• Margin of appreciation = inconsistency but fair on state
• Fixed list of limitations = prevent arbitrary state interference
• Police powers = strict rules and due process protect society
• Kettling = restricting demonstration rights controversial
• Hard to strike fair balance = between public safety/normalcy and Art 11
• Conflicting demonstrations = Plattform Artze Fur Das Leben v Austria)