Article 11 Flashcards
What is stated in Article 11.1?
Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of their interests
Which limitations are set out under Article 11.2?
1) Prescribed by law
2) Necessary in a democratic society
3) For a legitimate aim such as:
- In the interests of national security or public safety
- For the prevention of disorder or crime
- For the protection of health or morals
- For the protection of the rights and freedoms of others
What is the criteria of proportionality?
1) Is the limitation effective?
2) Is it the least intrusive measure possible?
3) Does it deprive the very essence of the right?
4) Is it balanced between the competing interests on the whole?
What is the right to peaceful assembly?
It is a person’s right to meet in public, march, protest and demonstrate without state interference.
Which case shows that a completely peaceful assembly can be disbanded without a violation of Article 11?
Cisse v France - there were serious sanitary, health, peace, security and public order risks by the inhabitation of the Church by 200 protestors
Which case shows that assemblies can be considered peaceful, even though they may lead to counter demonstrations?
Plattform ‘Ärzte für das Leben’ v Austria
Which case shows that, when an assembly takes place on private land, the owner can prohibit the assembly (providing the lawful demonstration can take place elsewhere)?
Appleby v UK
What is the freedom of association with others?
It covers the right to form an association, including the right to form and join trade unions.
Which case shows that the right to association also includes the right not to belong in an association?
Young, James and Webster v UK
Which case shows that the company of others is not considered to be an association?
McFeeley v UK
Which case shows that a political party is an associaton?
Redfearn v UK
What does prescribed by law mean?
There must be a clear, precise and predictable legal basis for the interference of the right
What does necessary in a democratic society mean?
There has to be a pressing social need for the interference and it must be proportionate to the legitimate aims pursued
Give an example of a case where Article 11 rights were limited in the interest of national security or public safety
The Laporte Case (this was decided to be disproportionate and there was a violation of Article 11)
Give an example of a case where Article 11 rights were limited for the prevention of disorder or crime?
Cisse v France - 200 people occupying the church
Give an example of a case where Article 11 rights were limited for the protection of health or morals?
Larmela v Finland - The Finnish Minister of Justice refused to register the Cannabis Association of Finland. This was permitted by the state.
Which case defined breach of the peace?
R v Howell
How is breach of the peace defined?
“Whenever harm is actually done or likely to be done to a person or in his presence or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance”.
In which case was there not a trespass and why?
In the case of DPP v Jones (Margaret), a peaceful assembly on the verge of the A344 was deemed not to be a trespassory assembly as there was no obstruction of the highway.
Which case decided that the slightest crossing of land is sufficient for a trespass?
Ellis v Loftus Iron Co.
How is the tort of trespass defined?
As any unjustifiable intrusion by a person upon land that is owned by another.
What are the legal justifications to trespass?
License to enter by law
Justification by right of way or easement
Justification by license or necessity
Powers granted to officers of the law
Which act gives a police officer to ask a trespasser to leave land under certain conditions?
s61 Criminal Justice and Public Order Act
What are the conditions for a police officer to ask a trespasser to leave land?
1) The occupier has already asked them to
2) They have damaged the land
3) Or have used threatening or insulting behaviour
4) Or they have six or more vehicles on the land
Which act states that a police officer can ask people gathering for a rave to leave?
s63 Criminal Justice and Public Order Act 1994
Which act covers aggravated trespass?
s68 Criminal Justice and Public Order Act 1994
Give an example of an aggravated trespass case
DPP v Chivers - they occupied a building by glueing themselves to doors and chaining themselves to stair rails. In this case, land was interpreted to mean a building as well.
What is aggravated trespass?
A regular trespass as well as intimidating people who use the land and disrupting and obstructing activities on the land.
What is held under s70 of Criminal Justice and Public Order Act 1994?
A chief police officer who reasonably believes that an assembly will be held on land with a limited access to the public, that the assembly will take place without the occupier’s permission and that it would disrupt the life of the community or damage a site of historical importance can apply for an order prohibiting all trespassory assemblies for up to four days.
Which act covers riots?
S1 of the Public Order Act 1986
Which act covers violent disorder?
S2 of the Public Order Act 1986
Which act covers affray?
S3 of the Public Order Act 1986
Which act covers causing fear of provocation of violence, causing intentional harassment, alarm or distress?
S4-5 of the Public Order Act 1986
Give an example of when a protest involved different competing interests
The anti-fracking protests in Yorkshire in 2017
What is the criteria for the principle of proportionality?
- Effectiveness of the measures taken
- The balance achieved
- The intrusion caused
- Whether Article 11 is breached
What is a public procession?
Any number of people moving along a route
What is a public assembly?
Two or more people gathered in a public place?
Which act requires the organiser to provide advance notice of public processions by a week?
S11 of the Public Order Act 1986
Which act permits the police to impose conditions on public processions?
S12 of the Public Order Act 1986
Which act gives the police permission to prohibit processions for up to 3 months if they believe even extra conditions wouldn’t prevent disorder?
S13 of the Public Order Act 1986
Which act gives the police power to impose conditions on public assemblies?
S14 of the Public Order Act 1986
Which act makes the wilful obstruction of a highway an offence?
S137 of the Highways Act 1980
