Lecture 18: Right to Protest Flashcards
What are the different ways to protest?
Protests can be carried out by assembling, marching, processing, writing letters, singing songs, or engaging in strikes or “sit-ins.”
Is there a ‘right’ to protest?
There is no single right to protest, but it is a combination of the right to freedom of expression, assembly, and association under human rights laws.
What legal protections support the right to protest?
The right to protest is protected by the European Convention on Human Rights (ECHR), the Human Rights Act (HRA), and common law.
What does Article 11 of the ECHR guarantee?
Article 11 guarantees the right to freedom of peaceful assembly and association, allowing people to form trade unions or join others for the protection of their interests, subject to certain legal restrictions for reasons like public safety or national security.
Why is Article 11 significant in democratic societies?
Article 11 is fundamental for democracy as it ensures the protection of opinions and the freedom to express them, supporting democracy
What is the meaning of peaceful assembly under Article 11?
Peaceful assembly means participants must have a common purpose, and the gathering must not include violent intentions. It includes the right to choose the time, place, and manner of the assembly.
What conditions must be met for an assembly to be considered peaceful?
To determine if an assembly is peaceful, the following factors are considered:
Whether the assembly was intended to be peaceful
Whether participants had violent intentions
Whether any participant inflicted harm on others.
What is the meaning of freedom of association under Article 11?
Freedom of association refers to the right to form and join voluntary groups or associations for a common purpose, such as political parties. It includes the right not to join or withdraw from such associations.
What are the permissible restrictions on the rights under Article 11?
Article 11 allows restrictions on freedom of assembly and association only if they are prescribed by law, serve a legitimate aim (like national security or preventing disorder), and are necessary in a democratic society.
What legitimate aims justify restrictions on freedom of assembly under Article 11?
Legitimate aims for restrictions include:
National security or public safety
Prevention of disorder or crime
Protection of health or morals
Protection of the rights and freedoms of others.
How does UK law define the scope of assembly?
Under Section 16 of the Public Order Act 1986, assembly is defined as the gathering of two or more people in a public space, partly or entirely open to the air.
What actions are not protected by Article 11 in UK law?
Actions such as riot, violent disorder, or affray, as well as offenses under Sections 1-3 of the Public Order Act 1986, are not protected by Article 11.
What statutory restrictions exist on the right to protest in the UK?
Statutory restrictions in the UK include provisions in the Public Order Act 1986 and Protection from Harassment Act 1997. Police can regulate assemblies, impose conditions, and ban processions in cases of serious disruption.
. What police powers are involved in regulating protests in the UK?
The Public Order Act 1986, specifically Section 14, grants police broad powers to impose conditions on assemblies to prevent serious disruption. The Police, Crime, Sentencing and Courts Act 2022 further expands these powers.
What is the legal concept of “breach of the peace” in UK common law?
A “breach of the peace” involves unlawful actions that disturb public order, such as physically preventing someone from carrying out their lawful duties (e.g., a worker being obstructed from their job).
How does the Abortion Services case impact the right to protest?
The Abortion Services (2022) case involved a law banning protests in “safe access zones” near abortion clinics. The Supreme Court ruled that the law was compatible with human rights, as it balanced individual rights with public order and safety concerns.
What is the four-question test for assessing interference with protest rights?
To assess if interference with protest rights is justified, the following questions are asked:
Is there a restriction or interference with the right?
Is the interference prescribed by law?
Does the interference pursue a legitimate aim?
Is the interference necessary in a democratic society?
How is “necessary in a democratic society” assessed in protest cases?
When determining if a restriction is necessary, courts ask:
Is the aim important enough to justify interfering with a fundamental right?
Is there a rational connection between the means and the aim?
Are there less restrictive alternatives?
Is there a fair balance between individual rights and the community’s interest?
