Paper 3.6a - Article 11 Flashcards
What are the three rights granted under Article 11?
Freedom to peaceful assembly, freedom to association and freedom to join/form a trade union.
Article 11 is a qualified right. What are the 4 conditions for limiting qualified rights?
Any interference must be:
-for a legitimate aim
-necessary in a democracy
-prescribed by law
-proportionate (Laporte)
Under Article 11, the state has a positive obligation (obligation to do something) and a negative one (obligation not to do something). What are these?
Pos: Ensure that people’s rights are protected.
Neg: Do not interfere unless necessary.
What are the 4 legitimate aims a state could use to justify limiting Article 11?
- National security
- Protection of health and morals (Larmela)
- Prevention of crime and disorder
- Protection of rights & freedoms of others (Countryside Alliance)
What is the freedom to peaceful assembly and what is a case study of it?
People are allowed to meet, march and protest.
(Cisse - church protest leads to health concerns)
Under the freedom to peaceful assembly, what does might a protest be? (3)
Protest can be annoying and offensive.
Protest can be a response to an opposing protest or a counter-protest. (Austria)
Owner of the land may prohibit a protest as long as there is somewhere else to protest (Appleby).
What is freedom of association?
People are free to communicate with each other.
(Association itself is not defined - McFeeley stated it was not the ability to choose who you socialise with)
What is the case study for freedom of association?
Redfearn - BNP bus driver, political party is protected under freedom of association.
What is the freedom to form/join a trade union and what is the case study for it?
You have the right to choose whether or not to join a trade union; Young stated you do not have to.
