article 11 Flashcards

1
Q

what is this right about

A

Freedom of Assembly

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2
Q

what type of right is this

A

QUALIFIED RIGHT that needs to be balanced against other rights (individual vs. community).

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3
Q

what does article 11(1) say

A

“Everyone has right to freedom of peaceful assembly (gathering) & right to freedom of association with others, including right to form & join trade union”

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4
Q

is this subjected to limitations

A

yuh (u got this gng)

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5
Q

what’s the governments involvement in this right

A

There is a positive obligation on governments to protect this right. This involves taking reasonable steps but does not guarantee protection

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6
Q

whats the case that backs this

A

Redmond-Bate v DPP

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7
Q

what 3 things does article 11 (1) include

A

Freedom of peaceful assembly (gathering)

Freedom of association with others

Freedom to form/join a trade union

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8
Q

what is article 11(2) about

A

someone’s freedom of assembly can be limited

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9
Q

what are the 3 limitations

A

In accordance with law
In pursuit of a legitament aim
Necessary in a democratic society

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10
Q

what are the 4 sections of in pursuit of a legitimate aim

A

national security
public safety or prevention of crime or disorder
protection of public health or morals
protection of rights and freedoms of others

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11
Q
A
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