Article 11

• Article 11: Freedom of Assembly

  The organisation and participation in marches, demonstrations and sit-ins
• Rights under Article 11(1)

  • Freedom of peaceful assembly
  • Freedom of association with others
  • Right to join Trade Unions for the protection of his interests
• Qualified rights

  Limitations are set out in 11(2)
• Limitations under Article 11(2)

  • Prescribed by law
  • Necessary in a democratic society
  • For a legitimate aim: interest of national security, prevention of disorder or crime, health or morals, protection of rights and freedoms of others
• Freedom of peaceful assembly

  • Wide in meaning and includes the organisation and participation in marches or possessions, static assemblies or sit-ins and both public and private events, formal or informal
  • The right must be exercised peacefully and without violence or the threat of violence and in accordance with the law
  • Does not guarantee an automatic right to entry to private property or to all publically owned property, such as government or university property
• A totally peaceful assembly can be disbanded (stopped) for grounds of health and sanitary reasons
• If the purpose of the demonstration is to cause disorder it will not be allowed, but some toleration has been given
• Counter-demonstrations can occur, but a demonstration could offend the opposition but had to be able to take place without fear or physical violence from their opponents
• Freedom of association with others

  The right to come together to form an association, including the right to join and form Trade Unions and to join others to pursue or advance common causes and interests
• Association

  Must mean something more than just spending time in someone's company
• Political parties are seen as an association
• Limitations on Article 11

  The right must fulfil the criterion of proportionality, looking at effectiveness, least intrusive measure, deprivation of the essence of the right, and balance between competing interests
• 'Prescribed by law'

  There must be a clear, precise and predictable legal basis for the interference with Article 11, from both statute and common law
• 'For a legitimate aim'

  To protect the interest of national security, prevention of disorder or crime, health or morals, protection of rights and freedoms of others
• 'Necessary in a democratic society'

  Applies to two conditions: there needs to be a pressing social need for the interference, and the interference should be proportionate to the legitimate aims pursued