article 11

Question 1

what does article 11 protect

Answer 1

3 key rights
- peaceful assembly ( protests , marches )
- freedom of association
- right to form and join trade unions

Question 2

what counts as peaceful assemblyly under art 11

Answer 2

marches processions demonstrations and sit ins
- can take place in public/private spaces

even if an assembly shocks/annoys/distresses anyone, its still protected , ( platform artze fur das leben v Austria)

Question 3

can you protest anywhere u want

Answer 3

• no automatic right to protest on private or public land

appleby and others v UK - protesters denied access to a shopping centre

Question 4

does peaceful mean a a protest can never be stopped

Answer 4

• no, peaceful protest can be stopped if needed

cisse v france

Question 5

peaceful protest leads to counter protest

Answer 5

-still protected
platform v austria

Question 6

does a protest lose protection if it aims to cause disorder

Answer 6

• yes if the goal is violence, art 11 dont apply

g v germany

Question 7

are disruptive but non violent protests protected

Answer 7

yes , as long as they dont reasonably interefee with other peoples rights

dpp v jones

Question 8

can the state restrict art 11 rights

Answer 8

yes only if it meets these 3 conditions

• prescribed by law - based on legal rules
• legitimate aim - national security
• necessary in a democratic society

Question 9

what does ‘association’ mean under art 11

Answer 9

• joining tgth for common purpose, e.g train unions

reedfearn v uk = protected

Question 10

does the state have a duty to protect protesters

Answer 10

yes , authorities must take steps to allow protests

Question 10

does ar t11 protect train unions

Answer 10

yes , train unions are form of association

national union of Belgian police v Belgium

Question 11

what common law rules can restrict art 11 rights

Answer 11

• breach of the peace - r v Howell

tresspass to land
ellis v Loftus iron co

Question 12

what law restricts public protests

Answer 12

• criminal justice and public order act 1994 - aggravated tresspass (dpp v chivers)

public order act 1986 includes-
riots s1- 12+ ppl using/ threatening unlawful violence

• violent disorder s2- 3+ using threatening violence

affray s3 - using / threatening violence causing fear

• harrassemtn , alarm or distress s5 - using absive words/behaviour

Question 13

has the uk introduced new restrictions on protests

Answer 13

yes ,

the police crime sentencing and courts act introduced

• more police powers to curb disruptive protests
• new offences for causing serious disruption or public nuisance

Question 13

when can art 11 be restricted

Answer 13

only for a ‘legitimate aim’ e.g

1. national security
   2/ preventing disorder/crime
2. protecting health/morals

R (Laporte) v Chief Constable of Gloucestershire

Question 14

why’s art 11 important for democracy

Answer 14

peaceful protest and association are fundemtal to domectracy.