article 11

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Created by
millie

Cards (23)

  • article 11 - freedom of assembly
  • 11(1) - everyone has the right to freedom of assembly
  • 11(2) - no restrictions shall be placed onto this right other than if prescribed by law or necessary in a democratic society
  • qualified right - needs to strike a balance between the rights of the individual and the rights of the community
  • collective right - protects the rights of individuals to join together with others
  • peaceful assembly - can be in public or in private
    includes protests and marches and it can be for a religious or political basis
  • Plattform vs Austria - if taken reasonable steps to prevent violence then no violation of article 11
  • Appleby vs UK - not guaranteed to protest where want to
  • Ollinger vs Austria - assembly can be refused if it infringes the rights of the public.
  • Cisse vs France - police can stop protests if there is risks to health and sanitation
  • DPP v Jones - the demonstration must be peaceful but includes the right to shock, offend and disturb
  • Tabernacle v Secretary of state for Defence - the restriction must not be unlawful
  • guarantees the right to come together to form a group or association - also includes the right of an individual to not join a group
  • McFeeley v UK - association doesnt include the right to spend time with certain people
  • Redfearn v UK - the UK protects the political rights of the individual
  • Belgian Police vs Belgium - an individual has the right to join a trade union
  • Young, James and Webster vs UK - has the right to not join a trade union
  • eg of legitimate aim - national security or public safety , protection of health or morals , for the prevention of disorder or crime
  • breach of the peace - police have powers to stop or prevent a breach of the peace - breach of the peace is not a criminal offence but can result in a custodial sentence if offender does not keep the peace
  • R vs chief constable of gloucestershire - a breach of the peace is to be imminent
  • steel vs uk - not a breach of A5 where a breach of the peace is imminent
  • mengesha v met police - police cannot use powers disproportionately
  • the police have 3 options when dealing with a breach of the peace
    1. try to resolve the situation without using one of their common law powers
    2. to use their common law powers of arrest
    3. to use their common law powers of entry