Article 11 - Case List Flashcards
Cisse v France: Facts
The applicant was a member of a group of people without residence permits who decided to take action in 1996 to draw attention to the difficulty they were experiencing, trying to get a review of their immigration status in France
A group of 200 illegal immigrants protested at a Church and the Paris Commission of Police signed a total evacuation noter as the occupation of the premises was unrelated to religion and there were sanitary, health, peace, security and public order risks.
The assembly was peaceful and didn’t cause disturbance of public order or stop people attending Church, but after 2 months, the hunger- strikers health had deteriorated as had sanitary conditions
Cisse v France: Decision
Article 11 does not extend protection to violent protests, but an individual does not lose protection from Article 11 due to sporadic outbreaks of violence by other participants
The state must take reasonable steps to prevent violence against demonstrators
DPP v Jones (Margret): Facts
A peaceful protest on a road close to Stonehenge was considered a trespass by the police. Most people were moved off and those who refused were arrested.
DPP v Jones (Margret): Decision
A peaceful assembly can occur on a highway as long as it doesn’t unreasonably interfere or obstruct it
Plattform ‘Ärzte für das Leben’ v Austria: Facts
A group of doctors marched to a clinic opposing abortions. The ECtHR held a demonstration may annoy or give offence bu the group must be able to demonstrate without fear or physical violence from their opponents
Plattform ‘Ärzte für das Leben’ v Austria: Decision
There is a duty on the state to protect citizens and maintain order
An assembly is still peaceful even if it’ll provoke counter demonstration
Ollinger v Austria: Facts
The state banned an assembly in a cemetery as it infringed on the rights of the public who wanted to visit the cemetery. The ECtHR said the rights of others can be taken into account but in this case, it was disproportionate to stop the demonstration
Ollinger v Austria: Decision
Assembly can also be refused if it infringes the rights of the public however, the restriction must be proportionate
Appleby v UK
A private owner can prohibit demonstrators
McFeeley v UK
Association does not include the right to spend time with certain people. An association should be a stable group and set up for a purpose
Redfearn v UK: Facts
A BNP member successfully argued that the UK was not protecting freedom of association by allowing his dismissal from his job as a bus driver after he was elected as a BNP councillor
Redfearn v UK: Decision
It is important to protect individuals from being penalised disproportionately for membership of a political party
National Union of Belgian Police v Belgium
An individual has the right to join a trade union of their choice
Young, James and Webster v UK
There could be a breach of Article 11 if an employee was forced to join a trade union
R v Howell
‘There is a breach of the peace wherever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through assault, an affray, a riot, unlawful assembly or other disturbance’
R (Laporte) v CC Gloucestershire: Facts
The passengers on a coach heading towards an anti-war protest to a RAF base were stopped by the police and ordered to return to London under a police escort. The police claimed that this was to prevent a breach of the peace. The appeal was allowed as there was no evidence that a breach of the peace was imminent, and their actions were disproportionate under both Article 10 and 11
R (Laporte) v CC Gloucestershire: Decision
The police should only act if there is a reasonable belief of imminent breach of the peace
DPP v Chivers
Aggravated trespass is usually on land but has been extended to include buildings
Larmela v Finland: Facts
Cannabis association of Finland aimed to ‘influence intoxicant policy and legislation with a view to making the personal use of cannabis legal for Finnish citizens’
Larmela v Finland: Decision
MoJ refused to register the association and the state was permitted to deny this with the aim of protecting the health and morals of the country
Countryside Alliance v A-G: Facts
Baroness Hale showed how Article 10 and 11 will need to be balanced for political freedoms and democracy
Countryside Alliance v A-G: Decision
The protection of others’ rights and freedoms ensures the law must balance these interests using the principles of proportionality
