Article 11 - Freedom Of Assembly

Question 1

Introduction

Answer 1

3 rights under 11(1) ;
- freedom of peaceful assembly
- freedom of association of others
- the right to form and join trade unions

Question 2

Freedom of peaceful assembly

Answer 2

• applies to meetings, marches, demonstrations, sit-ins for a common economic or political purpose
• not applicable to gatherings that are purely for social reasons
• exercised people
• can be disbanded by police even if not violent
• recently, courts have recognised that assemblies causing disruption sill come under art 11
• has to strike fair blade with individual rights and community as a whole

Question 3

Freedom of association

Answer 3

• right for person not to be restricted to meet + join with others that follow an aim
• not just spending time with peoples companies (McFeely v Uk), doesn’t include professional bodies but political parties are associations
• everyone has the right to join + form trade unions

Question 4

Article 11(2)

Answer 4

• public authority can limit a person’s right to freedom of assembly because its a qualified right
• limtiation Only allowed if:
• (1) perspired by law
• (2) legitimate aim; national security, prevent crime, health + morals, protection of frights and freedom
• (3) necessary in a democratic society
• (4) margin of appreciation

Question 5

Cisse v France (2000)

Answer 5

• applicant was a member of a group of people without residence permits who in 1996 decided to take collective action to draw attention to the difficulties they were having in obtaining a review of their immigration status
• no violation of Art 11, the restrictions on the exercise of the applicants right to assembly may have become necessary

Question 6

Dp