Paper 3.6a - Article 11 Flashcards
(9 cards)
Article 11 is a qualified right. What are the 4 conditions for limiting qualified rights?
Any interference must be:
-proportionate (Laporte)
-prescribed by law
-for a legitimate aim
-necessary in a democracy
(P.L.A.N)
What are the 4 legitimate aims a state could use to justify limiting Article 11? What cases relate to this?
- National security
- Prevention of crime and disorder
- Protection of health and morals (Larmela)
- Protection of rights & freedoms of others (Countryside Alliance)
(N.C.H.R)
Under Article 11, the state has a positive obligation (obligation to do something) and a negative one (obligation not to do something). What are these?
Pos: Ensure that people’s rights are protected.
Neg: Do not interfere unless necessary.
What are the three freedoms granted under Article 11?
Freedom to peaceful assembly, freedom to association and freedom to join/form a trade union.
What is the freedom to peaceful assembly and what is a case study of it?
People are allowed to meet, march and protest.
(Cisse - church protest leads to health concerns)
Under the freedom to peaceful assembly, what might a protest be? (3)
What cases are applicable?
Protest can be annoying and offensive.
Protest can be a response to an opposing protest or a counter-protest. (Austria)
Owner of the land may prohibit a protest as long as there is somewhere else to protest (Appleby).
What is freedom of association? What case is relevant?
People are free to communicate with each other.
Association is not defined but McFeeley said it was not the ability to choose who to talk to.
Is a political party an association? What case?
Yes. In Redfearn, a BNP bus driver was fired for his political actions which violated Article 11 stating he had a right to associate with the BNP.
What is the freedom to form/join a trade union and what is the case study for it?
You have the right to choose whether or not to join a trade union; Young stated you do not have to.
