Article 11 Flashcards
What type of right is article 11?
This is a qualified right which aims to strike a balance between the community and the rights of the individual
What is article 11?
The right to assembly
What is Article 11(1)
11(1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
What is Article 11(2)
This is the idea that there should be no restrictions to exercise these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety,
What is meant by a collective right ?
A collective right is a right that protects the rights of the individual to join together with others in collective action.
What could be examples of a peaceful assembly ?
, Peaceful protests , church gatherings etc
What obligation does the state have to protect the right to peaceful assembly >
The state has a positive obligation as such must take reasonable steps to prevent violence against demonstrators
Does article 11 guarantee the right to assembly ?
No article 11 does not guarantee the right to assembly wherever people please for example
- Appleby v UK- no violation of article 11 when people wanted to protest in shopping centre
- Cisse v France - no violation of article 11
What case suggests that there was a violation of article 11 during a peaceful protests ?
DPP v Jones (Margaret- violation of article 11 a peaceful assembly can occur on a highway as long as it doesn’t unreasonably interfere or obstruct it.
- Tabernacle v Secretary of State for Defence
What is meant by freedom of association with others ?
This is the right to of people to come together to form a group or association. It also includes the right of an individual to not join a group.
What does freedom from association of others not include ?
McFeeley v UK (1981- shows that freedom from association does not include the right to associate with other prison members
What is a case that shows freedom of association with others ?
Redfearn v UK - this case showed that article 11 was violated because his right to join the bnp was infringed
What is meant by the right to form and join trade unions ?
- An individual has the right to join a trade union of their choice ie in (National Union of Belgian Police v Belgium (1975)).
- There is also the right to not join a trade union – the case of Young, James and Webster v UK
What are the restrictions highlighted in article 11(2)
if the state state restricts this qualified right. Any interference with Article 11 must be:
- prescribed by law
- have a legitimate aim
- be necessary in a democratic society
What is a negative right and how does this LINK TO UK law ?
This is the idea that the right can be limited by the law
