Articles 10 - 11 ECHR

Question 1

Article 10 of ECHR

Answer 1

Freedom of expression

“May be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society”

Question 2

Professor David Feldman’s view on Article 10

Answer 2

“Facilitates artistic and scholastic endeavour of all sorts”

Question 3

Does Article 10 apply to offensive ideas?

Answer 3

Yes, Sunday Times v UK

“Applicable not only to ideas that are favourably received or inoffensive. But also to those that shock, offend or disturb”

Question 4

Sunday Times v UK

Answer 4

Publisher, editor and journalists of Sunday Times filed an application to EU commission of HR claiming the Attorney General’s injunction on their reporting of the Thalidomide scandal breached Art 10.

Court ruled that these particular restrictions were unnecessary in a democratic society and thus Art 10 had been violated.

Question 5

Article 11 of ECHR

Answer 5

“Everyone has the right to freedom of peaceful assembly and to freedom of association with others”

Question 6

Association

Answer 6

An individuals right to join whichever organisations they wish.

Question 7

Assembly

Answer 7

An individuals right to meet with others in public or private.

Question 8

Key case for Art 11

Answer 8

Ezelin v France

Question 9

Ezelin v France

Answer 9

French Lawyer took part in public demonstrations protesting against recent judicial decisions. He was punished by a disciplinary committee.

ECtHR held that he was exercising Art 11. He was always free to partake in demonstrations and punishing this involvement breached Art 11.