Article 11

Question 1

Plattform v Austria

Answer 1

Held that state needs to protect protesters

Question 2

Tabernacle v S of S Defence

Answer 2

Held bylaw was unlawful as disproportionately interfered with protesters rights

Question 3

Redfearn v UK

Answer 3

Held that dismissal based on political affiliation directly interferes with freedom of association and state has obligation to protect individuals from dismissal based on political beliefs

Question 4

R v Howell

Answer 4

Held that police did not act in violation as arrests for breach of the peace align if they are proportionate to the risks posed by conduct

Question 5

Laporte v CC of Gloucester Police

Answer 5

Held that the police had acted in violation of Article 11 as there was no indication that an imminent breach of the peace was likely to occur — preventative measures must be proportionate.

Question 6

DPP v Jones

Answer 6

Held peaceful assembly is lawful as long as it doesnt unreasonably interfere with the primary purpose of the land