Article 11 Flashcards
What is Article 11?
The right to freedom of peaceful assembly and association.
What type of right is Article 11?
A qualified right
What does Article 11 being a qualified right mean?
It can be limited by state when in accordance with law, meets a legitimate aim or is necessary in society.
Three rights of Article 11
Peaceful assembly
Freedom of association with others
Right to form and belong to trade unions
What type of right is Art11?
A collective right
Why is Article 11 a collective right?
Because it protects the rights of individuals to join together with others in collective action.
ART11 collective right case
Platform
Peaceful assembly
In lawful meetings
Demonstrations
Protests
What can state not do?
Ban peaceful assemblies
Peaceful
Without violence or threat of violence.
What can state do with peaceful assemblies?
Control them
Platform
Can still be peaceful if assembly leads to counter possible violence.
DPP
Assembly on highway not permitted
What Is the state control?
Public Order Act 1986
Refusal
If it will infringe the rights of the public the state can refuse but it must be proportionate.
Ban
State can not ban but can restrict and control.
What did the amendment under Public Order Act 1986 say?
Abortion centres are banned
S14 Restriction
Police can restrict the right to freedom of assembly if particular offence has been committed.
E.G. of S14 Restriction
Affray and Riot
Requirement of notification
State can require advance notices and authorisation of demonstrations.
What happens if state refuses?
Need to justify the decision and allow the right to appeal the decision.
S12 can impose conditions on planned marches when they could lead to
Serious public disorder
Serious damage to property
Serious disruption of life
S13
Police can impose banning order if they believe it will result in serious disorder.
Freedom of association with others
Right to come together with others to form an association.
