Article 11 Evaluation

Question 1

Introduction-What is Article 11?

Answer 1

The right to assembly.

Question 2

Introduction- What three rights are there under Article 11?

Answer 2

Peaceful assembly
Right to association with others
Right to form and belong to a trade union

Question 3

Introduction- What meetings are covered under Art11?

Answer 3

Meetings
Demonstrations
Sit in’s

Question 4

Introduction- What can Art11 do and not do?

Answer 4

Can’t ban assembly but can control them.

Question 5

Introduction- Where are the legitimate aims?

Answer 5

11(2)

Question 6

Introduction- What are the legitimate aims?

Answer 6

National security
Public safety

Question 7

Introduction- What do collective rights do?

Answer 7

Protect rights of individuals to join others in collective action.

Question 8

Right to peaceful assembly case

Answer 8

Platform

Question 9

Assembly without disproportionate restrictions case

Answer 9

Tabernacle

Question 10

Right to join trade unions case

Answer 10

RedFearn

Question 11

Limitations for terrorists case

Answer 11

MC Feeley

Question 12

Any interferences must be under ART11(2) A01

Answer 12

Prescribed by law
Legitimate aim
Necessary in a democratic society

Question 13

Prescribed by law

Answer 13

Law must be Clear, precise and predictable

Question 14

Legitimate aim

Answer 14

National security
Prevention of disorder or crime
Protection of health and morals

Question 15

Necessary in democratic society

Answer 15

Must be proportionate and within margin of appreciation

Question 16

Any interferences must be under ART11(2) A03 positive

Answer 16

Fair balance is created between individuals and community with qualified right.
Margin of appreciation means flexible approach to restrictions.
Individual circumstances taken into account with flexibility.

Question 17

Example of flexibility

Answer 17

COVID 2020 restrictions prevented mass infections and death.

Question 18

Any interferences must be under ART11(2) A03 Negative

Answer 18

Too much flexibility.
Important right should be better protected.
Right given wide margin of appreciation which can be seen as unfair.

Question 19

Too much flexibility example

Answer 19

COVID prevented any form of meeting.

Question 20

Wide margin of appreciation example

Answer 20

Restrictions for too long a period of time with Covid.
Too big of a difference between states with protests.

Question 21

Protests in UK

Answer 21

State unable to ban but can control

Question 22

Protests in Russia

Answer 22

Banned completely

Question 23

Protests in Spain

Answer 23

Given fines

Question 24

Restriction of right to assembly A01

Answer 24

State is allowed to restrict assembly.
Common law powers of breach of peace.
S61 Remove trespassers.

Question 25

Common law powers of breach of peace

Answer 25

Howell

Question 26

Restriction of right to assembly A01 other examples

Answer 26

S1 Riots S3 Affray S4 Fear of violence

Question 27

Restriction of right to assembly A03 Positive

Answer 27

Uk can comply with ECHR and create fair balance. State needs power to stop public disorder. ECHR upholds law proportionally.

Question 28

UK can comply with ECHR and create fair balance

Answer 28

Laporte

Question 29

ECHR upholds law proportionally

Answer 29

Moos Austin

Question 30

Restriction to right of assembly A03 Negative

Answer 30

Right to agree or disagree removed Powers too wide and have gone too far ECHR has acted disproportionately previously. Kettling may be a breach of ART5 and ART11.

Question 31

Right to agree or disagree case

Answer 31

Hammond

Question 32

ECHR acting disproportionate case

Answer 32

Laporte

Question 33

Form trade unions and associations A01

Answer 33

ART11 gives the right to form and join trade unions or professional associations.

Question 34

Form trade unions and associations A03 Positive

Answer 34

People have right to join trade union or political party Can't force someone to join a trade union Don't have to accept someone joining Terrorist limitations

Question 35

People have right to join trade union or political party case

Answer 35

Red fern

Question 36

Cant force someone to join a trade union case

Answer 36

Young

Question 37

Don't have to accept someone joining

Answer 37

Compte

Question 38

Terrorist limitations

Answer 38

Mc Feeley

Question 39

Police powers A01

Answer 39

State is obliged to deal with conflicting beliefs using the principle of proportionality. Police powers usually used to achieve legitimate aims.

Question 40

Examples of legitimate aims

Answer 40

Public safety Protection of health and morals

Question 41

Public safety case

Answer 41

Laporte

Question 42

Protection of health and morals case

Answer 42

Carmela Cisse

Question 43

Police powers A03 positive

Answer 43

Police intervention is useful in dispersing assemblies that have become violent.

Question 44

Dispersing assemblies example

Answer 44

Riot POA S1 Violent disorder POA S2

Question 45

Police powers A03 negative

Answer 45

Overwhelming amount of offences actionable by police means peoples rights are infringed. Proportionality is subjective. Very wide. Does the ECHR uphold ART11 rights with this.

Question 46

Conclusion positive

Answer 46

Protects rights of free association ECHR upholds and protects rights.

Question 47

Conclusion negative

Answer 47

Public order acts have left state with too much power when controlling and stopping assemblies.

Question 48

Conclusion negative what assemblies are stopped

Answer 48

Protests Marches Rallies

Question 49

Conclusion negative Why shouldn't the assemblies be stopped

Answer 49

They are necessary in a democratic society.

Question 50

Has covid's restrictions gone too far?

Answer 50

It is possible to argue the restrictions limit freedoms to an extent which disturbed people's liberty.