Article 11: The Right to Freedom of Assembly

What does the state have a positive obligation to facilitate which rights?

-Right peaceful assembly

-Right to associate with others

-Right to form and join a trade union

What are examples of freedom of assembly?

Marches, protests, sit ins

What types of events does the right to freedom of assembly cover?

Formal and informal events

Include Private and Public

What must these events be?

These events must be peaceful without violence or threat of it and according to the law

When should groups be able to gather at?

A time and in a place and manner of their choosing

What does this not give protestors a right of?

Entry

What is the case where it does not give protestors a right of entry?

Appleby and Others V UK

When can totally peaceful assemblies be disbanded?

For legitimate reasons

What is the case where peaceful assemblies can be disbanded?

For legitimate reasons

What is the case that states peaceful assemblies can be disbanded for legitimate reasons?

Cisse V France

What does the right to protest extend to even if they cause ‘annoyance’, distress or shock leading to counter protests?

Annoying protests

If protests lead to annoyance, distress or shock what should the state ensure?

Those participating do not suffer from violence as much as reasonably possible

What is the case that says the state should ensure those participating do not suffer from violence as much as reasonably possible?

Platform Atzte Fur Das Leben V Austria

When does this protection not occur when the assemblies aim to create?

Disorder

What is the case that states the protection does not occur where assemblies aim to create disorder?

G V Federal Republic of Germany

How is sitting in the roads capable of being a peaceful protest?

If they do not unreasonably interfere or obstruct the highway

What is the case that states if they do not unreasonably interfere or obstruct the highway then it is capable of being a peaceful protest?

DPP V Jones

What is the Act which made it an offence to obstruct roads without a reasonable excuse?

The Public Order Act 2023

What is the right to join groups not just a right to do?

Socialise

What mus there be some form of?

Common cause

What is the case that states it must be some form of common cause?

McFeeley V UK

What dpes the right to join groups include?

Political Parties

What is the case for Political Parties?

Redfearn V UK

What does the right to join groups include the right not to do?

Associate with a group

What is the case for not associating with a group?

Young,James and Webster V UK

What does the right not to associate with a group not apply to?

Professional Regulatory bodies

What is the case for professional regulatory bodies?

De Meyre V Belgium

What are the rights in relations to joining trade unions?

Have the right to join a trade and have the right not to

What can they justify intereferences with?

Certain actions in relation to this right

What is examples of certain actions in relations to trade unions?

Picketing or minimum service levels

What is the case which states you can justify interferences with certain actions in relation to this right?

Strikes (Minimum Services Levels) Act 2023

What does rights in relation to trade unions not mean?

Does not mean it has an automatic right to be recognised

What is it especially not an automatic right to be recognised if?

Other unions exist

What is the case for there not be an automatic right in relation to trade unions?

Pharmacist Defence Association Union V Boots

What are there restrictions under Article 11?

Article 11(2)

When can it be restricted under Article 11(2) if it is prescribed by?

Prescribed by Law

What are the legitimate aims in the interest of in order to restrict article 11?

-National Security or public safety

-The prevention of crime and disorder

-The protection of health and morals

-The protection of the rights and freedom of others

How does Article 11 protect citizens?

Better protections against the state

What is the case which shows that article 11 provides citizens with better protections against the state?

Cisse V France: Peaceful assemblies, even illegal in nature, have the possibility of invoking article 11

However should protests of an illegal nature be protected?

Protests of an illegal nature should not be protected as it means that it encourages protests which are illegal in nature as they are seen to b e protected, undermining the value of legal ones