article 11 Flashcards
what is this right about
Freedom of Assembly
what type of right is this
QUALIFIED RIGHT that needs to be balanced against other rights (individual vs. community).
what does article 11(1) say
“Everyone has right to freedom of peaceful assembly (gathering) & right to freedom of association with others, including right to form & join trade union”
is this subjected to limitations
yuh (u got this gng)
what’s the governments involvement in this right
There is a positive obligation on governments to protect this right. This involves taking reasonable steps but does not guarantee protection
whats the case that backs this
Redmond-Bate v DPP
what 3 things does article 11 (1) include
Freedom of peaceful assembly (gathering)
Freedom of association with others
Freedom to form/join a trade union
what is article 11(2) about
someone’s freedom of assembly can be limited
what are the 3 limitations
In accordance with law
In pursuit of a legitament aim
Necessary in a democratic society
what are the 4 sections of in pursuit of a legitimate aim
national security
public safety or prevention of crime or disorder
protection of public health or morals
protection of rights and freedoms of others