Article 11

Cards (8)

  • There are three rights under 11(1):
    1 to freedom of peaceful assembly
    2 and to freedom of association with others
    3 including the right to join Trade Unions for the protection of his interests
    These are again, qualified rights and the limitations are set out in 11(2) (same as Article 10):
    • Those 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
    Includes the organisation and participation in marches or possessions, static assemblies or sit-ins and both public and private events, formal or informal
  • Freedom of peaceful assembly
    • Must be exercised peacefully and without violence or the threat of violence and in accordance with the law
  • Cases related to freedom of peaceful assembly
    • R(Laporte) v CC Gloucestershire (2006)
    • Appleby and Others v UK (2003)
    • Cisse v France (2002)
    • G v Federal Republic of Germany (1989)
    • DPP v Jones (Margaret)(1999)
  • Freedom of peaceful assembly
    Includes the right to arrange the time, place and manner of an event, but it 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 for demonstrations that block roads to support nuclear disarmament
  • A protest by Stonehenge was ended by the police as it was considered trespass, but the Court held that it was lawful, as the protest was not blocking the highway