Article 11 right to assembly

What right is article 11

Qualified right

What must the rights be balanced on

Rights of the community and the individual

What case established this as a collective right

Platform arrze fur das leben v Austria

What case balanced article 10 & 11

Tabernacle v SOS for defence

What can an assembly include

A meeting no matter whether it’s public or private, protests, demonstrations, sit ins and marches

Case for protests

Laporte v CC for Gloucestershire

How must freedom of assembly be exercised

Without violence or threat of violence in accordance with the law

What case said they have the right to choose a time, place and manner of the assembly

Saska v Hungary

What case said a peaceful assembly can be disbanded without violation of article 11

Cisse v France

Who does the state have to prevent from assembly

Demonstrations inciting violence

What case said an assembly can be provocative if it doesn’t provoke violence

Redmond bate v dpp

Case where people can protest without fear of violence

Platform artze fur das leben v Austria

Case where banning a cemetery is a breach

Ollinger v Austria

Case where there needs to be tolerance on demonstrations that may affect others

Faber v Hungary

Case where the owner can stop assembly if it is held on private land and provides and alternative

Appleby v UK

What is association

The right to join with others to persuade people for common causes and interests

Case for association

Redfearn v UK

What case said association means more than just socialising

McFeeley v UK

What case said a government restricting the number of trade unions to be consulted in decision making processes was not a breach

National union of Belgian police v Belgium

What sections is restrictions

11(2)

What is the four criteria for restrictions

Prescribed by law, necessary in a democratic society, for a legitimate aim and proportional

What is the two parts of necessary in a democratic society

Pressing social need for interference, should be proportionate to aims pursued

Can trade unions be a association

Yes