Article 11 Flashcards
Three rights protected by Article 11
(1) Peaceful assembly
(2) Freedom of association with others
(3) Form and join trade unions
Case that shows a gathering doesn’t have to be non-peaceful for a public authority to shut it down
Cisse v France
A group of migrants demonstrated peacefully in a church. After going on for two months the authorities shut it down due to sanitation deteriorating. Even though it was peaceful, this didn’t breach A10
Case that shows a private landowner can prohibit gatherings on their land
Appleby v UK
Shopping centre removed people who were handing out leaflets there. Held no breach of A11 - a private landowner can prohbit a demonstration on their land if it can take place at an alternative place
Case showing that joining a political party is an “association” protected by A11
Redfearn v UK
A guy joins the BNP, and is then sacked by his employer because of it (he drives school buses in an area with a high Asian population). He is unable to claim for unfair dismissal and this breaches A11
Case where the police stopped a whole group of protestors travelling to a protest against Iraq War, on the basis that some of them were suspected of non-peaceful methods (but not others)
R (Laporte) v Chief Constable of Gloucestershire
Bus taking protestors to demonstration against Iraq War is discovered to have some instruments of non-peaceful protest on board, but most people were peaceful protestors - the whole bus was turned round and sent back to London - this was a disproportionate action which breached A11
Case showing you’re allowed to gather next to a highway, when you’re not obstructing it
DPP v Margaret Jones
Protestors demonstrate at a road near Stonehenge - police shut this down, but this breaches A11 as they were not obstructing the road
Meaning of “aggravated trespass”
Trespass with the intention to intimidate or disrupt an activity which is lawfully being undertaken on the land
When can police regulate processions or assemblies?
Processions can have conditions imposed on them or be prohibited to prevent “serious public disorder”
Assemblies can have conditions imposed on them but not be prohibited
Under the Public Order Act 1986, you need to notify the police in advance if…
…you’re organising a public procession (but not an assembly)
Case showing that there can be positive obligations on the state under Article 11
Plattform ‘Ärzte für das Leben’ v Austria (1988)
A group of anti-abortion campaigners demonstrated, and counter-protestors disrupted it. The ECtHR found the state could be obliged to prevent disruption by counter-demonstrators, to allow A11 rights to be realised
