article 11 eval

Cards (5)

  • pro - the state has a positive obligation to protect the right to peaceful assembly and must take reasonable steps to prevent violence against demonstrators.
  • pro - if a state has taken reasonable steps then the ECtHR will give them a margin of appreciation.
  • con - breach of the peace has the potential to conflict with the ECHR as it is loosely defined
  • pro - guarantees the right for people to come together to form a group or association.
  • con - qualified right meaning there needs to strike a balance but what if can't decide which one is more important ?