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
Restrictions on Article 11:
breach of the peace/trespass to land/kettling (common law)
Criminal Justice and Public Order Act 1994
Public Order Act 1986
Police, Crime, Sentencing and Courts Act 2022
Public Order Act 2023
Breach of the Peace:
used to prevent unlawful violence against person or property
harm done or likely to be down to a person or (in his presence) his property
what case examples can be used for ‘breach of the peace’?
Austin - Kettle used to prevent breach of the peace.
Laporte - Some of the items on coach suggested violent intent.
Trespass to land:
trespass to land is a tort. it is not a crime but any damage done by trespassers can amount to criminal damage.
trespass can be justified if: permission, police powers of entry, right of way e.g electricity provider
what case example can be used for ‘trespass to land’?
Ellis v Loftus - unjustifiable interference with the land of another.
Kettling:
police have a wide range of powers they can use (see art 5)
Criminal Justice and Public Order Act 1994
Trespassers
Raves
Aggravated trespass
Trespassory Assemblies
Squatters
Trespass:
CJPOA 1994
police can remove trespassers from land if the occupier has asked them to leave and they refuse and seize vehicles.
Raves:
CJPOA 1994
bans open air amplified music, more than 20 people, likely to cause distress to local community. no return for 7 days.
Aggravated Trespass:
CJPOA 1994
Obstructing, intimidating or disrupting people’s lawful activity to use land/buildings.
Trespassory Assemblies
CJPOA 1994
prohibits assembly that results in disruption/damage without private owners’ permission
Squatters:
CJPOA 1994
offence is committed of squatters fail to move out of the property after 24 hours notice.
this has now been updated by LASPO to create an official crime up to a year in prison.
Public Order Act 1986:
sets our various offences which can occur during demonstrations and protests.
the reasonable man must fear for his safety.
Public Order Act 1986
S1:
Riot
Public Order Act 1986
S2:
Violent Disorder
Public Order Act 1986
S3:
Affray
Public Order Act 1986
S4:
Causing fear or provocation of violence
Public Order Act 1986
S4(a):
Causing international harassment, alarm or distress
Public Order Act 1986
S5:
Causing harassment, alarm or distress
Public Order Act 1986
S11:
Notice - must provide at least 1 weeks notice to the local Police. Failure can result in a fine.
Public Order Act 1986
S12-14:
Conditions - Senior police officer can impose conditions and failure to comply result is arrest for trespass
e.g can prevent a march for up to 3 months
what case examples can be used for ‘Public Order Act 1986’?
London Riots - officers attacked police vehicles, damaged and looted shops. violent disorder chargers under S1.
Ben Stokes - England Cricketer charged with affray but NG after acting in self defence.
Hicks - filmed inside hospital during COVID to try claim it was a hoax. G of public order offence as she threatened 2 staff and caused harassment/alarm/distress.
Police, Crime, Sentencing and Courts Act 2022:
S73 - Noise Levels can not be added to the conditions set by the police
Can restrict assemblies which serious disruption to the life of the community e.g supply of money, food, energy, disrupting health, education or place or worship
S78 - New criminal offence of public nuisance where D causes serious harm to the public or obstructs publics rights and enjoyment
Public Order Act 2023:
Looking on (S1 & S2) - when protestors attach themselves to other peoples, objects or buildings
Infrastructure (S7 & S8) - prevents / delays operation of key infrastructure e.g roads / railways
