Art 11: Right To Free Association Flashcards
Tabernacle v Secretary of State for Defence (2009)
Peaceful Assembly:
Tabernacle was member of women’s peace camp who held a peaceful assembly every weekend. They had done this for 23 years until the government put a ban on the camping. CoA said the restriction was disproportionate.
Redfearn v UK (2012)
Freedom of Association:
Bus driver was dismissed from his job when he joined the British national party. ECtHR held that Art 11 had been violated.
R (Laporte) v Chief Constable of Gloucestershire Constabulary (2006)
Breach of the Peace:
Passengers on a coach heading to a protest were ordered to turn back as it was a potential breach in peace. No evidence that it was going to be a breach of the peace so violation of Art 11
Steel v UK (1999)
Breach of the Peace:
Steel was protester who walked in front of a gun which was hunting grouse. She was charged with breach of the peace which ECtHR said was no violation.
Appleby v UK (2003)
Peaceful:
Appleby’s group attempted to protest on private land and were told they couldn’t do so. No Violation of Art 11.
DPP v Jones (Margaret) (1999)
Assembly:
Peaceful protest outside Stonehenge was shut down as it was considered trespass. It was not and ECtHR said that there was a violation of Art 11.
Cisse v France (2002)
Assembly:
Peaceful protest in a church lasted 2 moths. Police threw them out and this was not a violation as it was not the fact they were protesting in a church, was the 2 month fact.
Ollinger v Austria (2006)
Assembly:
A group of people wanted to visit a cemetery to remember victims of the holocaust. A group of Neo-Nazis were also there to remember the Nazis killed in WWII. The Nazis had already gained permission so this was not a violation when police said that the peaceful people could not visit.
McFeeley v UK (1981)
Freedom of Association:
Terrorists were not allowed to contact the outside world but argued they should be able to freely associate with anyone. ECtHR said that it was not a violation.
