Article 11 A01 Flashcards
Qualified right
intended to strike a balance between the the rights of the community and the rights of the individual
Collective right
right to join together with others e.g: protest
Article 11(1) set out three key rights:
-peaceful assembly
-freedom of association with others
-to form and join trade unions
1) Peaceful assembly
-public or private
-includes demonstrations, protests and marches
The state has…
positive obligation to protect the right and take reasonable measures to do so e.g: closing roads, kettling, increased officers etc.
Plattform v Austria
state has no duty to guarantee safety, must just take reasonable measures to protect the right
no right to assemble….
anywhere where demonstrators please
Appleby v UK
no violation of Art 11 when not allowed to assembly in shopping centre
assembly can be refused if it will….
infringe the rights of the public, but restriction must be proportionate
Ollinger v Austria
disproportionate restriction of 6 people in a peaceful protest at a cemetery
Cisse v France
peaceful protest in a church, sit-in for 2 months without washing, was stopped by police = proportionate, no violation due to serious health and sanitation issues
-demonstrators may have to notify authorities or apply for authorisation in advance
state can refuse if they justify the decision, demonstrators have the right to appeal if permission is not granted
demonstration must be
peaceful
DPP v Jones
violation of Art 11 when police stopped a peaceful protest on a road close to Stonehenge (as long as it doesn’t obstruct or reasonably interfere the highway it is fine)
Tabernacle v SoS
peaceful assembly by a women’s peace camp for one weekend each month for 23 years, camping was banned in a bylaw = restriction was disproportionate, violated art 11, manner and form involved camping
Freedom of association with others doesn’t include…
doesn’t include the right to spend time with certain people
McFeeley v UK
convicted terrorists in high security prison (Maze prison, NI)not allowed contact with general prison population, no violation
Redfearn v UK
dismissed from job when appellant joined British National Party = violation
Right to join/form a trade union of the individuals choice
National Union of Belgium Police v Belgium
Right to NOT join a trade union
Young, James and Webster v UK - employer forces you to join = violation
Article 11(2) the state is allowed to interfere if:
1) prescribed by law
2) legitimate aim
3) necessary to interfere in a democratic society
Prescribed by law
legal basis to interfere (refer to UK law or common law)
Legitimate aim
national security or public safety
prevention of disorder or crime
protection of health or morals
for the protection of the rights and freedoms of others
Necessary in a democratic society
margin of appreciation (wide or narrow)
proportionality
