right to protest Flashcards
(13 cards)
What are some different ways to protest?
Protests can occur by assembling, marching, processing, writing letters, singing songs, striking, or “sitting in.”
Is there a singular “right” to protest?
No, the right to protest is not a single right but a combination of rights including freedom of expression, assembly, and association.
What legal protections exist for the right to protest?
The European Convention on Human Rights (ECHR), the Human Rights Act (HRA), and common law offer legal protections for protest.
What does Article 11 ECHR protect?
Article 11 ECHR protects the right to peaceful assembly and freedom of association, including forming and joining trade unions for the protection of interests.
What are the restrictions on Article 11 ECHR?
Restrictions may be imposed for national security, public safety, prevention of disorder, protection of health or morals, or protection of others’ rights.
What are the significance and connections of Article 11 ECHR?
Article 11 is foundational for democracy, protecting freedom of expression and association. It connects with other rights like Article 10 (expression) and Article 9 (freedom of religion).
What does “peaceful assembly” mean under Article 11?
Peaceful assembly involves a common purpose, not violent intentions, and must be conducted peacefully. States must safeguard this right without unreasonable restrictions.
What is the meaning of “freedom of association” under Article 11?
Freedom of association allows individuals to form voluntary groups for common goals, including political parties, and the right to join or leave associations freely.
What types of restrictions on freedom of assembly and association are permissible?
Restrictions must be prescribed by law, pursue a legitimate aim (e.g., national security, public safety), and be necessary in a democratic society, considering proportionality.
What are legitimate aims for restrictions on assembly under Article 11?
Restrictions may be based on national security, prevention of disorder or crime, protection of health or morals, and the rights and freedoms of others.
How does UK law regulate freedom of assembly?
The Public Order Act 1986 and other laws regulate public assemblies, including the scope of assembly, conditions on assembly, and enforcement measures such as banning assemblies.
What are the restrictions under UK law related to protest?
UK laws include conditions on assemblies (e.g., police powers under the Public Order Act), restrictions on protest activities (e.g., riot, violent disorder), and penalties for breaches of the peace.
What is the significance of the Abortion Services case in relation to protest rights?
The UK Supreme Court upheld that the Abortion (Safe Access Zones) Bill is compatible with Convention Rights, emphasizing proportionality and the need to balance individual rights with public safety.
