Article 11

Question 1

what is Article 11

Answer 1

Right to freedom of assembly and
association
qualified right

Question 2

what are the rights under A.11

Answer 2

FREEDOM of peaceful assembly

Freedom of association with others

Right to form & join trade unions for the
protection of an individual’s interests

Question 3

what are limitations under A.11

Answer 3

Article 11(2)
Limitations where a public authority can
restrict your rights to freedom of assembly
and association:
Prescribed by law
Necessary in democratic society
Interest of national security or public
safety
For prevention of disorder or crime
For protection of health or morals
For protection of rights and freedoms of others

Question 4

the right must fulfil the criterion of proportionality:

Answer 4

involves looking at:
Is the limitation effective?

Is the least intrusive measure possible?

Does it deprive the very essence of the right?

Is it balanced between the competing interests
as a whole?

Question 5

margin of appreciation

Answer 5

will vary from case to case.
The council of Europe has
expressed concern with the variance
of cases:

In Turkey – Security Bill extends powers of police to use firearms

In Spain, Law on Citizen’s security allows heavy fines against organisers of spontaneous protests

Question 6

1) FREEDOM OF PEACEFUL ASSEMBLY

Answer 6

person is allowed to meet in public, march, process and demonstrate without state interference
this must be exercised peacefully, without violence and in accordance with the law

Question 7

1) FREEDOM OF PEACEFUL ASSEMBLY social and sporting events

Answer 7

peaceful assembly will cover any gathering for a common economic or political purpose, but unlikely to be applicable to gatherings that are purely social or sporting in character

Question 8

1) FREEDOM OF PEACEFUL ASSEMBLY can a totally peaceful assembly still be disbanded without violation of A.11

Answer 8

yes
Cisse v France
evacuation of the church on grounds that the assembly was unrelated to religious worship, there were serious sanitary and health risks, public order risks even tho it was peaceful

Question 9

1) FREEDOM OF PEACEFUL ASSEMBLY counter demonstration

Answer 9

may be peaceful even though they may lead to a counter demonstration as it may annoy or give offence to persons opposed to the ideas or claims

Plattform Arzte das Leben v Austria

participants must be able to hold demonstration without fear of physical violence by opponents so while there is right to counter demonstrate, sometimes the state must interfere to protect citizens

Question 10

1) FREEDOM OF PEACEFUL ASSEMBLY private land

Answer 10

where assembly takes place on private land, owner of land is able to prohibit the assembly, providing this doesn’t prevent lawful protest taking place in a suitable alternative place or by alternative method
Appleby v UK

Question 11

2) FREEDOM OF ASSOCIATION WITH OTHERS

Answer 11

the right to come together with others to form an association
equally, it is right not to belong to association - Young, James and Webster v UK

Question 12

2) FREEDOM OF ASSOCIATION WITH OTHERS

meaning of association

Answer 12

not defined, its not just spending time in other’s company (McFeeley v UK)
associations do not include professional regulatory bodies set up by state to regulate professions

Question 13

2) FREEDOM OF ASSOCIATION WITH OTHERS political parties

Answer 13

political parties have been found to be an association
Redfearn v UK
breach of A.11 as he lost his job for exercising his right to freedom of association, unfair dismissal, discrimination on political grounds

Question 14

3) THE RIGHT TO FORM AND TO JOIN TRADES UNIONS FOR THE PROTECTION OF AN INDIVIDUAL INTERESTS.

Answer 14

trade unions recognised as associations, state can restrict this right if justified e.g. restriction on secondary picketing

Question 15

interference ‘PRESCRIBED BY LAW’

Answer 15

Must be a clear, precise and predictable legal

basis for the interference with Article 11

Question 16

interference ‘ NECESSARY IN A DEMOCRATIC

SOCIETY’

Answer 16

2 conditions:
–There is a pressing social need for the
interference

–Interference must be proportionate to the
aims

Ezelin v France “freedom to take part in peaceful assembly is of such importance that it cannot be restricted in anyway”

Question 17

interference ‘IN THE INTEREEST OF NATIONAL

SECURITY OR PUBLIC SAFETY’

Answer 17

Laporte case – basis of public safety and
prevention of disorder or crime
Includes counter-terrorism, extremism and
overlap with Article 10
ECTHR willing to accept that states have wide margin of appreciation for this

Question 18

interference ‘FOR THE PREVENTION OF DISORDER OR CRIME’

Answer 18

Laporte case – protecting public safety

Question 19

interference ‘FOR THE PROTECTION OF HEALTH OR

MORALS’

Answer 19

Larmela v Finland (1997 cannabis Association of Finland aimed to legalise it for citizens
State permitted to deny tis with aim of protecting health & morals of the country
banning march in favour of drug taking if authorities believed this would have detrimental effect on health and morals of country

Question 20

interference ‘FOR THE PROTECTION OF THE RIGHTS

AND FREEDOMS OF OTHERS’

Answer 20

Law must balance interest – interference must be
no more than is absolutely necessary
The more severe the interference with an
individuals rights, the more is required to justify
it.