A11 freedom of assembly

What is stated in A11(1)

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

What is stated in Makhmudov v Russia

States must safeguard the A11 right & refrain from applying unreasonable indirect restrictions on it

There must be convincing & compelling reasons to justify interference

Case example for freedom of assembly

Cisse v France - a sit-in protest which 200 illegal immigrants occupied a church was covered by A11 - peaceful assembly even though it was illegal in nature

What was held in Plattform Arzte fur das Leben v Austria

Stated have a positive obligation to act to protect peaceful assembly by taking reasonable steps

This extends to demonstrations that may annoy or give offence to others

What restriction is shown in Appleby v UK

The right to freedom of assembly does not extend to private property if other methods of protest are available

Case example for freedom of assembly with others & point of law

McFeely v UK - persons convicted of terrorism offences were not permitted to associate with other prisoners

A11 does not include a right to company, it refers to the right to be part of a group that is pursing a purpose

What was held in Welfare party v Turkey

Where a political parties leaders incite violence or aim to destroy democracy, they are not protected by A11

Case example for freedom to join a trade union & point of law

Demir & Baykara v Turkey

States have a positive obligation to endure the trade union rights are secured

What is shown in Young, James & Webster v UK

A person cannot be forced to join a trade union

What is stated in A11(2)

No restrictions will be placed on A11 other than those prescribed by law

When can restrictions be placed on A11

When necessary in a democracy society in the interests of:

• National security or public safety

• Prevention of disorder or crime

• Protection of health & morals

• Protection of rights & freedoms of others

Case example for restrictions

Laporte v CC Gloucestershire Police

What UK laws place restrictions on A11

• Trespass to land

• Public Order Act 1986

• Breach of the peace- R v Howell

Case example for national security or public protection

Ollinger v Austria

Case example for prevention of disorder or crime

Pendragon v UK

Case example for protection of health & morals

Friend & Countryside Alliance v UK

Ban of fox hunting in the Hunting Act 2004 protected morals

Case example for protection of rights & freedoms of others

Ollinger v Austria

What criteria is set out in Handyside v UK when deciding if a restriction is necessary in a democratic society

• Is there a pressing social need?

• Does the restriction correspond to that need?

• Is the restriction a proportionate response to that need?

• Are the reasons given relevant & sufficient

Case examples for necessary in a democratic society

• Ollinger v Austria

• Tabernacle v SoS Defence - disproportionate response

Case example for pressing social need

Alekseyev v Russia - no pressing social need to ban a gay pride march