Article 11 - Freedom of Assembly

Question 1

What does article 11(1) say?

Answer 1

QUALIFIED RIGHT that needs to be balanced against other rights (individual vs. community).

Article 11(1) says:
“Everyone has right to freedom of peaceful assembly (gathering) & right to freedom of association with others, including right to form & join trade union”

This is subject to limitations

There is a positive obligation on governments to protect this right. This involves taking reasonable steps but does not guarantee protection (Redmond-Bate v DPP)

Question 2

11(2) - limitations

Answer 2

Article 11(2) says someone’s freedom of assembly can be limited if it is:

1. In accordance with law
2. In pursuit of a legitimate aim:
   A: National security
   B: Public safety or prevention of crime or disorder
   C: Protection of public health or morals
   D: Protection of rights and freedoms of others
3. Necessary in a democratic society

Question 3

Freedom of peaceful assembly - what does it include

Answer 3

Covers peaceful gatherings where a common political, cultural, social religious or economic purpose is shared

Question 4

Freedom of peaceful assembly

Answer 4

s.11 Public Order Act - give notice to police

Convincing and compelling reasons - Makhmudov

Can be stopped for sanitation reasons - Cisse

Positive obligation to protect - Plattform Artze

Question 5

Freedom of association of others

Answer 5

Young James and Webber - freedom to NOT join an association

Political party classed as an association - Redfearn

Question 6

Freedom to join a trade union

Answer 6

Demir and Baykara - state has positive obligation to protect right

Young James and Webber - person cannot be forced to join a union

Question 7

Limitations - what are they contained in and what are they

Answer 7

Contained/fall under article 11(2)

They are:
It is in accordance with law
It is in pursuit of a legitimate aim
It is necessary in a democratic society

Question 8

Limitation - in accordance with law

Answer 8

Must be clear legal basis to interfere with article 11 rights

Includes common law and statute law:
Common Law:
Breach of the peace
Trespass to land

Statute Law:
Removing trespassers from land
Raves
Aggravated trespass
Trespassory assemblies
etc.

Question 9

Limitation - It is in pursuit of a legitimate aim

Answer 9

National security, public safety - wide margin, obvious justification’

Prevention of crime or disorder - Pendragon - wide margin of appreciation

Protection of public health and morals - Larmela

Protection of reputation or rights of others - Ollinger

Question 10

It is necessary in a democratic society

Answer 10

Handyside
-social pressing need, restriction correspond, is it proportional, sufficient reasons given

Laporte - for proportionality, need to balance right of individual vs community as a whole

Margin of appreciation will depend on the type of protest:
Barraco - disruptive - wide
Sankoy - Peaceful - narrow