Article 11: Freedom of Assembly

Question 1

What type of right is Article 11

Answer 1

Qualified Right

Question 2

What are the 3 rights given by Article 11

Answer 2

1. Peaceful Assembly
2. Associsation with others
3. Trade Unions

Question 3

But what are the 2 closely connected rights the court recognise?

Answer 3

1. The right to meet and associate with others subject to exceptions in A11(2)
2. A duty on the state to take positive measures to ensure effective protection of these rights.

Question 4

what they mean, when can they be broken etc and cases in brief

Freedom of Peaceful assembly

Answer 4

Has a very wide meaning, includes marches, sit ins etc. But they must be done peacefully without threat of violence.
No right to enter public/private property (Appleby v UK)
(Cisse v France) Broken if risk of public order/health issues
(Plattform Arzte v Austria) Broken if incites opposition
(DPP v Jones) Trespassory assemblies

Question 5

Cases cases cases

When can peaceful assemblies be broken up?

Answer 5

(Cisse v France)
- 200 occupying church, broken for risk of public order health and sanitary issues.
(Plattform Arzte v Austria)
- Broken for inciting opposition protest/violence
(DPP v Jones)
-Broken for interferring with public, ‘trespassory assembly’

Question 6

case that defined and what associations count

The freedom to associate with others:

Answer 6

(Y,J+W v UK)
“Article 11 guarantees not only the right to join and form trade unions, but also in a negative sense that one does not have to be compelled to associate or join”
- An association was defined in(Mcfeely v UK) ** as “more than socialising”
-Political parties are also considered as being in association (Redfearn v UK)

Question 7

Restrictions of A11 in A11(2):
Prescribed by law

Answer 7

Must be clear, precise and predictable bae for legal interference

Question 8

Restrictions of A11 in A11(2):
Meet a legitimate aim

Answer 8

• National security (Laporte v CC Gloucestershire)
• Prevent disorder/crime (Cisse v France)
• Protection of health or morals (Larmela v Finland)
  denied registration of cannabis association as they wanted to influence intoxication

Question 9

the 2 conditons

Restrictions of A11 in A11(2):
Be necessary in a democratic society

Answer 9

Has to be 2 conditions:
1. Pressing social need for interference
2. Interference is proportionate to legitmate aim (Laporte v CC Gloucestershire)