Human Rights - Article 11 Flashcards
what does a11(1) state?
everyone has the right to peaceful assembly and freedom of association with others.
it also includes the right to:
form and join trade unions
what case example can be used for ‘A11(1)’?
Plattform v Austria - march against abortions, eggs were thrown at them. tried to argue this was a breach of article 11. no breach as police did attend to protect, so took reasonable steps.
what are the 3 individual rights under a11(1)?
freedom of peaceful assembly
freedom of association with others
right to forms and join a trade union.
what is freedom of peaceful assembly?
examples: protests, marches, meetings
must be done peacefully and in accordance with the law of that country.
the state has a positive obligation to protect the rights to peaceful assembly and should take reasonable steps to allow this.
what case example can be used for ‘freedom of peaceful assembly’?
Cisse v France - man had immigration issues so him and 200 others assembled in a church for 2 months. police broke it up - no breach of a11 as 2 months was too long. health grounds.
what is freedom of association with others?
allows the right to come together to form an association
what case example can be used for ‘freedom of association with others’?
McFeeley v UK - terrorist who is not allowed to be with other prisoners. no breach as it does not give the right to enjoy other company.
what case example can be used for ‘right to form and join a trade union’?
Young, James and Webster - British rail said all employees would have to join a union. 3 objected so were sacked. breach as you have the right to not join one.
what does a11(2) state?
restrictions are allowed if they are justified
prescribed by law:
clear, predictable, precise legal basis e.g an Act
what case example can be used for ‘prescribed by law’?
Laporte - 3 coaches going to an anti-war protest. Police stopped them and took them home. Breach as no law.
legitimate aim:
- interests of national security or public safety
- prevention of crime or disorder
- protection of health and morals
- protection of the rights of freedom or others
what case example can be used for ‘legitimate aim’?
Austin - held in a kettle for 7 hours. legitimate aim was to prevent crime and disorder.
necessary in a democratic society:
proportionate - is it proportionate to stop the assembly?
margin of assembly - allows the UK to decide if it is necessary to stop the assembly