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Law- Human Rights > Article 11 > Flashcards

Article 11 Flashcards

1
Q

What is Article 11?

A

The right to freedom of assembly.

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2
Q

What type of right is Article 11?

A

A qualified right

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3
Q

What does Article 11 being a qualified right mean?

A

It can be limited by state when in accordance with law, meets a legitimate aim or is necessary in society.

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4
Q

Three rights of Article 11

A

Peaceful assembly
Freedom of association with others
Right to form and belong to trade unions

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5
Q

What type of right is Art11?

A

A collective right

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6
Q

Why is Article 11 a collective right?

A

Because it protects the rights of individuals to join together with others in collective action.

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7
Q

ART11 collective right case

A

Platform

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8
Q

Peaceful assembly

A

In lawful meetings
Peaceful demo’s
Sit ins

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9
Q

What can state not do?

A

Ban peaceful assemblies

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10
Q

Peaceful

A

Without violence or threat of violence.

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11
Q

What can state do with peaceful assemblies?

A

Control them

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12
Q

Platform

A

Can still be peaceful if assembly leads to counter possible violence.

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13
Q

DPP

A

Assembly on highway not permitted

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14
Q

Appleby

A

Assembly not allowed in privately owned property.

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15
Q

Case

A

A totally peaceful assembly can be disbanded without violation of Art11.

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16
Q

Tabernacle

A

State must take reasonable steps to protect peaceful protests.

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17
Q

Olinger

A

Disproportionate to stop protest in ceremony.

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18
Q

What Is the state control?

A

Public Order Act 1986

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19
Q

Refusal

A

If it will infringe the rights of the public the state can refuse but it must be proportionate.

20
Q

Ban

A

State can not ban but can restrict and control.

21
Q

What did the amendment under Public Order Act 1986 say?

A

Abortion centres are banned

22
Q

S14 Restriction

A

Police can restrict the right to freedom of assembly if particular offence has been committed.

23
Q

E.G. of S14 Restriction

A

Affray and Riot

24
Q

Requirement of notification

A

State can require advance notices and authorisation of demonstrations.

25
Q

What happens if state refuses?

A

Need to justify the decision and allow the right to appeal the decision.

26
Q

S12 can impose conditions on planned marches when they could lead to

A

Serious public disorder
Serious damage to property
Serious disruption of life
Belief will be intimidating

27
Q

S13

A

Police can impose banning order if they believe it will result in serious disorder.

28
Q

Freedom of association with others

A

Right to come together with others to form an association.

29
Q

Optional right

A

Cannot be compelled to join an association or union.

30
Q

Association

A

Common desire to form or be in some form of society or union.

31
Q

RedFearn

A

Includes political party.

32
Q

Young

A

Breach that employee forced to join a trade union.

33
Q

LeCompte

A

ART11 does not give permission to join a professional regulatory body.

34
Q

McFeely

A

Convicted terrorists not allowed to socialise with other prisoners.

35
Q

Restrictions on ART11

A

Prescribed by law
Have a legitimate aim
Be necessary in a democratic society

36
Q

Right can be restricted on grounds of national security

A

Allow state to take counter terrorism measures

37
Q

Right can be restricted on grounds of public safety

A

State deals with protests proportionally.
Balances right to protest with wider community.

38
Q

Right can be restricted on grounds of public safety example

A

Anti Lockdown protests

39
Q

Right can be restricted on grounds of health and morals case

A

Case

40
Q

Case

A

Protests inside church stopped

41
Q

Right can be restricted on grounds of disorder or crime

A

Used to prevent unlawful violence against property or people.

42
Q

Breach of peace case

A

Howell

43
Q

Howell

A

Where harm has been done or is likely to be done by a person or property.

44
Q

Wide powers

A

Examine powers closely to ensure human rights are not breached.

45
Q

Kettling laws

A

Tactic used by police to control protests and demonstrations.

46
Q

Austin

A

No violation for Kettling if justified.

47
Q

Moos

A

Kettling should be no longer than necessary.

Law- Human Rights (23 decks)

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