article 11

• right to freedom of assembly
• qualified right - state can interfere in accordance with law, meet balance between rights of individual and community
• proportionality - states interference proportional achieving fair balance between rights of individual and community
• margin of appreciation - how much discretion does ECtHR give state interpretation of convention
• 11(1) right to freedom of peaceful assembly, association with others, right to form and join trade unions for protection of his interests
• 11(2) no restrictions apart from such prescribed by law and necessary in democratic society, national security, public safety, prevention of disorder or crime, health and morals, rights and freedoms of others, not prevent imposition by armed forces, police, administration of state
• collective right - protects rights of individuals to join together with others in collective action
• peaceful assembly includes - include meeting (public or private), demonstrations, protests, marches, political, religious, social etc
• states have positive obligation to protect right, take reasonable steps to prevent violence against demonstrators
• reasonable steps taken - no absolute right to guarantee success (plattform v austria)
• does not guarantee right to assemble wherever group wishes or in privately owned places (appleby v uk)
• states must take reasonable measures to ensure peaceful coexistence of different assemblies (ollinger v austria)
• can be restricted if there's health/sanitation risks (cisse v france)
• state cannot issue ban on assemblies, may require demonstrators to notify authorities, needs to be right to appeal if state refuses
• peaceful assembly can occur on a highway as long as it doesn't unreasonably interfere or obstruct it (dpp v jones)
• involves a balancing of rights (tabernacle v sos for defence)
• freedom of association with others - guarantees right for people to come together to form group or association, includes right of individual to not join a group
• association does not include right to spend time with certain people (eg prisoners), restricted to keep people safe/prevent crime (mcfeeley v uk)
• you have the right to support a political party of your choice (redfearn v uk)
• an individual has right to join trade union of their choice (national union of belgian police v belgium)
• right not to join trade union (young, james and webster v uk)
• tort of trespass - trespass to land
• tort - result in injunction/damages, criminal damage in criminal court
• trespass - an unlawful unjustifiable interference by person onto the land of another
• criminal damage - criminal offence under criminal damage act 1971, offence to intentionally or recklessly destroy or damage property belonging to another
• s61 cjpoa - police direct trespassers from land after occupier has asked them to leave but failed
• aggravated trespass - s68 cjpoa - offence to intimidate, obstruct, disrupt people carrying out lawful activity, covers land and buildings
• s70 cjpoa - police can prohibit trespassers assembly on private land if no permission of occupier and could result in disruption/damage of site of historical or scientific importance