Human Rights Art 11 Flashcards
What is art 11?
Right to freedom of peaceful assembly and to freedom of association.
What positive obligations does art 11 generate?
State must provide assistance to those wishing to protest.
Protect rights of those wishing to join associations.
What negative obligations does art 11 generate?
State cannot obstruct rights without good reason.
What legilsation governs the rules for processions/marches? (2 statutes)
Before march: Civic Government (S) Act 1982
During march: Public Order Act 1986
What was held in Aldemir v Turkey?
A duty to notify/seek authorisation does not interfere with article 11. However means of doing so should not then make it impossible to have a procession.
When and under what grounds can an authority prohibit procession?
Civic Government (S) Act 1982 - s63
- at least 2 days before
- public safety, order, damage to property, disruption of life of community
- truly excessive burden on police
- previous processions
Any refusal must be proportionate and seek to achieve a legitimate aim.
Examples of meetings/static assemblies. (3 cases)
DPP v Jones
- peacefully protesting on public highways was permissible, arrests were unlawful
R v Chief Constable, Gloucestershire
- order of buses back to London was premature as no imminent breach of peace
- unlawful and disproportionate restriction to Ms Laportee’s art 11 rights
Austin v Commissioner of Police of Metropolis
- appeal that police actions breached art5
- however, police actions were relevant to prevent serious public disorder and violence
What does the the freedom of association limb protect?
Right to form any union.
Individual dimension and collective dimension
What is association? Relevant case.
McFeeley v UK
- assocation is not communicating with others
- court decides what is association
- covers organisations/groups
- solitary confinement not included
Are political parties protected by art 11? Turkey cases?
Yes, provided that they are consistent with democratic principles.
United Communist Party v Turkey
- confirmed beyond doubt that political parties are a form of association
Socialist Party v Turkey
- essence of democracy is to allow diverse political programmes to be proposed
Refah Partisi v Turkey
- political party can promote change in law if the methods used to do so are legal/democratic
Redfearn v UK.
Bus driver/BMP member.
- UK in violation of art11
- failed to fulfil positive obligation to protect against dismissal on political party affiliation
Wilson, NUJ v UK
- economic incentive attached to trade union membership
- UK failed to fulfil positive obligation to ensure trade union members are not restricted from using union as representation
ASLEF v UK.
- contrast to Redfearn
- trade unions have right to expel member as long as not abusive/unreasonable conduct
What is a ‘closed shop’ agreement? Case.
Young, James & Webster v UK
- incompatible with art11
- British Rail dismissed workers for failing to join specific trade union
Does art11 include right to strike? Case.
Danilenkov v Russia
- cannot face employment related sanctions in engaging in a lawful strike
