Article 11: The Right to Freedom of Assembly and Association of Others

Question 1

What is a qualitative right?

Answer 1

The state can limit the rights in accordance with the law. Applies to article 11

Question 2

What does S1 of article 11 state?

Answer 2

Everyone has the right to freedom of peaceful assembly and the freedom of association with others, including the right to form and join trade unions.

Question 3

What is a peaceful assembly?

Answer 3

a public/ private meeting which can be political, religious ect.

Question 4

What positive obligation does the state have under article 11?

Answer 4

The state must protect the right to peaceful assembly and take reasonable steps to prevent violence against demonstrators.

Question 5

What happened in Appleby v UK?

Answer 5

Applicants could not assemble in a shopping centre as it infringes the rights of the public.

Question 6

What happened in Ollinger v Austria?

Answer 6

The state banned an assembly in a cemetery but ECHR said it was disproportionate as people could still go about their day.

Question 7

What was the outcome in DPP v Jones?

Answer 7

A peaceful assembly can occur on a highway as long as it doesn’t unreasonably interfere with it.

Question 8

What is included in freedom of association with others?

Answer 8

Includes the right for people to come together to form a group. It also includes the right for an individual not to join a group.

Question 9

What happened in Redfern v UK

Answer 9

Bus driver dismissed from his job after joining the BNP, article 11 was violated.

Question 10

What is included in the right to form and join trade unions?

Answer 10

An individual has the right to form and join trade unions and also to not join a trade union.

Question 11

What happened in Young, James and Webster v UK?

Answer 11

the issue of closed shops was considered. There could be a breach of article 11 if an employee is forced to join a trade union.

Question 12

When must be proved for restrictions on Article 11(2)?

Answer 12

1) if it is prescribed by law
2) for a legitimate aim
3) and necessary in a democratic society.

Question 13

What does prescribed by law mean?

Answer 13

Must have a legal basis which is clear, precise and predictable.

Question 14

What are the legitimate aims?

Answer 14

1) National security or public safety
2) Prevention of crime
3) Protection of health and morals
4) Protection of the rights or freedoms of others.

Question 15

What is necessary in a democratic society?

Answer 15

ECHR uses the concept of proportionality and applies the margin of appreciation.

Question 16

What is a breach of the peace?

Answer 16

Where harm is done or likely to be done or a person is in fear of being so harmed through disturbances.

Question 17

What happened in R v CC of Gloucestershire Constabulary?

Answer 17

passengers on coach going to protest and police stopped them and sent them back under ‘breach of the peace’. Their actions were held to be disproportionate.

Question 18

What are the 3 options when dealing with a breach of the peace?

Answer 18

1) try to resolve the situation without using one of their common law powers.
2) to use their common law powers of arrest.
3) to use their common law powers of entry

Question 19

What is a trespass to land?

Answer 19

an ‘unjustifiable interference with land which is in the immediate and exclusive possession of another.

Question 20

What does S61 of CJPOA say?

Answer 20

Allows police to direct trespassers from land after:
. occupier has asked them to leave but failed
. Damaged the land
. threatened the occupier
. have more than 6 vehicles on the land

Question 21

What does S68 of the CJPOA say?

Answer 21

(aggravated trespass) makes in an offence to intimidate, obstruct or disrupt people carrying out lawful activity.

Question 22

What does S70 of the CJPOA say?

Answer 22

The police have powers to prohibit a trespassory assembly on private land if it is without the permission of the occupier and could result in disruption or damage to the site.