Article 11 - Freedom of assembly

Question 1

What type of right is article 11?

Answer 1

It is a QUALIFIED right meaning it needs to be balanced against other rights (individual vs Community)

Question 2

What does article 11(1) include?

Answer 2

• Freedom of peaceful assembly
• Freedom of association with others
• Freedom to form/join a trade union

Question 3

When does article 11(2) say someone’s freedom of expression can be limited?

Answer 3

1) In accordance with the law
2) In pursuit of a legitimate aim (a) national security b) public safety or prevention of crime and disorder c) protection of public health and morals d) protection of rights and freedom of others.
3) Necessary in a democratic society

Question 4

1) Freedom of peaceful assembly:

Answer 4

Applies to lawful meetings, marches, and demonstrations as long as they are peaceful where ‘peaceful’ means without violence or threat of violence. Only covers gatherings where a common political, cultural, social, religious or economic purpose is shared. It is unlikely to cover social gatherings or sporting events.