Article 11

Question 1

What does Article 11 of the ECHR protect?

Answer 1

The right to freedom of peaceful assembly

The right to freedom of association, including forming/joining trade unions

Applies to protests, marches, and demonstrations

It is a qualified right (can be lawfully restricted)

Question 2

What are the three conditions for restricting Article 11 rights?

Answer 2

In accordance with the law

Necessary in a democratic society

Pursues a legitimate aim

Question 3

What does “in accordance with the law” mean under Article 11?

Answer 3

The restriction must have a clear legal basis

Law must be accessible and foreseeable

E.g. Public Order Act 1986 (ss11–14, s14A)

Question 4

What does “necessary in a democratic society” mean under Article 11?

Answer 4

There must be a pressing social need

Restriction must be proportionate

It must not destroy the essence of the right

Question 5

What are the legitimate aims for restricting Article 11?

Answer 5

National security

Public safety

Prevention of disorder or crime

Protection of health or morals

Protection of rights and freedoms of others

Question 6

What was the ruling in Beatty v Gillbanks?

Answer 6

Protest banned due to threat of violence by others

Held to be unlawful – the state must protect peaceful protests, not ban them out of fear

Question 7

What did the court decide in Kudrevičius v Lithuania?

Answer 7

Protesters blocked three major roads

Court ruled the disruption was excessive

Restriction was justified – no breach of Article 11

Question 8

Why did Laporte v Gloucester result in a breach of Article 11?

Answer 8

Police stopped a coach of anti-war protesters before they arrived

Action was premature and disproportionate

Found to be a breach of Article 11