a11 import

• Article 11 of the European Convention on Human Rights (ECHR)


  The right to freedom of assembly
• Article 11


  • It is a qualified right which means it needs to strike a balance between the rights of the individual and the rights of the community
  • It can be limited in accordance with the law and if it is to meet a legitimate aim
  • The ECtHR use proportionality and margin of appreciation to decide if the interference is justified
  • It is a collective right - protects individuals who join together with others in collective action
• Article 11(1)


  Everyone has the right of freedom of peaceful assembly and to freedom of association with others, including the right to join and form trade unions
• Types of peaceful assembly


  • Meetings
  • Demonstrations
  • Protests
  • Marches
• Peaceful assembly


  • Can be political, religious, social etc.
  • The state has a positive obligation to protect this right and must take reasonable steps to prevent violence against demonstrators, but this is not a guarantee of safety
  • Article 11 does not guarantee the right to assemble wherever the group wishes to
  • Assembly can be refused if it infringes the rights of the public, under proportionality
  • Police can stop protests if they have serious risk to health and sanitation
  • States cannot ban assemblies but may require advanced notice
• Peaceful demonstration


  Includes the right to disturb, shock and offend
• Freedom of association with others


  • Guarantees the right for people to form a group or association and the right of an individual to not join a group
  • Protects joining a political group
  • Does not include the right to spend time with certain people
• Right to form and join trade unions


  Individuals have the right to join a trade union of their choice and the right to not join a trade union
• Article 11(2)


  • Restrictions on this right must be: 1. Prescribed by law, 2. Legitimate aim and 3. Be necessary in a democratic society
• Prescribed by law


  The act by which the state interferes must have a legal basis which is clear
• Legitimate aim


  Could be of national security, prevention of crime, protection of health and morals, protection of the rights of freedoms of others
• Necessary in a democratic society


  The ECtHR will use proportionality and margin of appreciation. 'Necessary' is the pressing social need for any interference of right
• UK law


  A person has the right to assembly and association unless limited by law, this creates a negative right
• Breach of the peace


  Where harm is actually done or likely to be done. The police have powers to stop or prevent a breach of the peace, but this must only be done if a breach of the peace is imminent
• Trespass to land


  • The intrusion onto another person's land defined as the 'unjustifiable interference with land which is in the immediate and exclusive possession of another'
  • This is area of tort so can result in an injunction or claim for damages but if amounts criminal damage can be dealt with in the criminal court
• S61 Criminal Justice and Public Order Act 1994 (CJPOA)


  Allows the police to direct trespassers off the land
• S68 CJPOA


  Covers aggravated trespass
• S70 CJPOA


  Gives the police powers to prohibit an assembly if it is on private land without permission or could cause damage
• Public order offences under the Public Order Act 1986


  • Riot - 12 or more people use or threaten unlawful violence which would cause a person to be in fear
  • Violent disorder - 3 or more people use or threaten unlawful violence which would cause a person to be in fear
  • Affray - If he uses or threatens unlawful violence which would cause a person to be in fear
  • Fear or provocation of violence - (a) uses threatening, abusive, insulting words towards someone or (b) displays to another person in writing any threatening, abusive, insulting representation that would cause fear
  • Intentional harassment, alarm, or distress - (a) uses threatening, abusive or insulting words or behaviour or (b) displays any writing that is threatening, abusive or insulting
  • Harassment, alarm or distress - (a) uses threatening words or behaviour or (b) displays writing which is threatening within sight of person which is likely to cause harassment, alarm or distress