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Law- Human Rights > Article 11 Evaluation > Flashcards

Article 11 Evaluation Flashcards

1
Q

Introduction-What is Article 11?

A

The right to assembly.

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2
Q

Introduction- What three rights are there under Article 11?

A

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

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3
Q

Introduction- What meetings are covered under Art11?

A

Meetings
Demonstrations
Sit in’s

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4
Q

Introduction- What can Art11 do and not do?

A

Can’t ban assembly but can control them.

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5
Q

Introduction- Where are the legitimate aims?

A

11(2)

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6
Q

Introduction- What are the legitimate aims?

A

National security
Public safety

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7
Q

Introduction- What do collective rights do?

A

Protect rights of individuals to join others in collective action.

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8
Q

Right to peaceful assembly case

A

Platform

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9
Q

Assembly without disproportionate restrictions case

A

Tabernacle

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10
Q

Right to join trade unions case

A

RedFearn

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11
Q

Limitations for terrorists case

A

MC Feeley

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12
Q

Any interferences must be under ART11(2) A01

A

Prescribed by law
Legitimate aim
Necessary in a democratic society

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13
Q

Prescribed by law

A

Law must be Clear, precise and predictable

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14
Q

Legitimate aim

A

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

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15
Q

Necessary in democratic society

A

Must be proportionate and within margin of appreciation

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16
Q

Any interferences must be under ART11(2) A03 positive

A

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.

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17
Q

Example of flexibility

A

COVID 2020 restrictions prevented mass infections and death.

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18
Q

Any interferences must be under ART11(2) A03 Negative

A

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

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19
Q

Too much flexibility example

A

COVID prevented any form of meeting.

20
Q

Wide margin of appreciation example

A

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

21
Q

Protests in UK

A

State unable to ban but can control

22
Q

Protests in Russia

A

Banned completely

23
Q

Protests in Spain

A

Given fines

24
Q

Restriction of right to assembly A01

A

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

25
Q

Common law powers of breach of peace

A

Howell

26
Q

Restriction of right to assembly A01 other examples

A

S1 Riots
S3 Affray
S4 Fear of violence

27
Q

Restriction of right to assembly A03 Positive

A

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

28
Q

UK can comply with ECHR and create fair balance

A

Laporte

29
Q

ECHR upholds law proportionally

A

Moos
Austin

30
Q

Restriction to right of assembly A03 Negative

A

Right to agree or disagree removed
Powers too wide and have gone too far
ECHR has acted disproportionately previously.

31
Q

Right to agree or disagree case

A

Hammond

32
Q

ECHR acting disproportionate case

A

Laporte

33
Q

Form trade unions and associations A01

A

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

34
Q

Form trade unions and associations A03 Positive

A

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

35
Q

People have right to join trade union or political party case

A

Red fern

36
Q

Cant force someone to join a trade union case

A

Young

37
Q

Don’t have to accept someone joining

A

Compte

38
Q

Terrorist limitations

A

Mc Feeley

39
Q

Police powers A01

A

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

40
Q

Examples of legitimate aims

A

Public safety
Protection of health and morals

41
Q

Public safety case

A

Laporte

42
Q

Protection of health and morals case

A

Carmela
Cisse

43
Q

Police powers A03 positive

A

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

44
Q

Dispersing assemblies example

A

Riot POA S1
Violent disorder POA S2

45
Q

Police powers A03 negative

A

Overwhelming amount of offences actionable by police means peoples rights are infringed.
Proportionality is subjective.

46
Q

Conclusion positive

A

Protects rights of free association
ECHR upholds and protects rights.

47
Q

Conclusion negative

A

Public order acts have left state…

Law- Human Rights (23 decks)

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