Article 11 - the right of freedom of assembly and association

type of right and 3 parts of the right ?

qualified;

• freedom of peaceful assembly

• freedom of association with others

• the right to form and join TU for the protection of an individual’s interests

What articles is A11 overlaps with?

A5 (KETTLING) ; A10,8

what are the + and - obligations of the agents of State ?

• +to protect citizens rights to freedom of peaceful assembly and association with others and to form and to join trade unions for the protection of an individual’s interests (this includes the protection of peaceful assembly from violence by counter –demonstrators)

• - to not interfere with these rights

what are the justifies exceptions? 11(3) - 2cases

• prescribed by law - R Laporte V CC of Gloucestershire - breach of A11

• 4 legitimate aims

• Necessary in a democratic society - Observer and Guardian v UK

what are the 4 legitimate aims ?

• National security or public safety

• Prevention of disorder or crime ***

• Protection of health or morals

• Protection of the rights and freedoms of others

what does freedom of peaceful assembly mean? + 3 cases

organisations of marches, procession and both public and private events; covers gathering for a common economic purpose BUT not sporting/ social purpose;

• Appleby v UK - Where the assembly takes place on private land, the owner of that land is able to prohibit the assembly

  Cisse v France - a serious risk to health- such as sanitary conditions

• Platform Arzte fur das Leben v Austria - Participants must be able to hold demonstrations without fear of violence from opponents - all 3 no violation of A11

what does freedom of association with others mean? +2 cases

• right NOT to belong to an association

• does not include professional regulatory bodies- develop standards for professionals, setting codes of professional conduct and ethics

• include political parties

• McFeeley v UK - no violation of A11

• Redfearn v UK - violation of A11

What does right to form and join trade unions for the protection of an indiv”s interests mean?

• TUs are associations

• State can restrict the right if it is justified

• restrictions can be on secondary picketing and the right of a TU to expel members

english laws that interfere w A11

• Breach of peace

• Public Order Act 1986

• Criminal Justice and Public Order Act 1994

• Trespass to land

• Highways Act 1980

difference between processions and assemblies

a march or moving protest as a 'procession' and a static gathering as an 'assembly'

what are the 4 legal justifications to trespass?

• licence to enter by law

• justification by right of way/easement

• justification by licence/necessity

• various powers of entirely granted to officers

what is the breach of peace and where it was defined?

R V Howell ; there is a breach of peace whenever harm is actually done or is likely to be done

4 things need to be considered in making a decision as to proportionality

• is the purpose sufficiently important to justify the restriction?

• will the measures proposed achieve that purpose?

• are the measures to be taken the least restrictive to achieve the intended purpose?

• are the restriction to ECHR rights necessary to meet The legitimate aims set out in the ECHR rights concerned?

3 sections and explanation to justify removing trespassers from the land

• S61 of Criminal Justice and Public Order Act - applies to trespassers who are on smns land and intend to remain there - enables police to direct T to leave where the occupier has already asked them to leave and either:

• they have damaged the land

• they have threatening, abusive behaviour OR

• between them they have more than 6 vehicles

• S62 - provides a power for the police to seize vehicles of persons failing to comply w a direction under S61

• S63(Raves) - allows police to direct persons gathering on land for a rave to leave

sections and explanation for aggravated trespassers +1 case

S68(1) CJPOA - states that it is offence of ag pres if they trespass on land and in relation to any lawful activity which persons are engaging in, does anything there which is intended by them to have the effect of:

• intimidating these persons or any of them so as to deter them or any of them from engaging in that activity;

• obstructing that activity

• disrupting that activity

• case - DPP V Chivers

S69 CJPOA - allows police to direct to leave anyone who commits aggravated trespass

section and explanation for trespassory assemblies

S70 of CJPOA amends Public Order Act by inserting 14A and 14B sections, if chief officer reasonably believes:

• that an assembly will be held on a land (if land is not meant to use by public/limited access)

• assembly is likely to take place without the permission of the O

• it may result in serious disruption to the community; Therefore he may apply an order prohibiting the holding of the assembly

first 5 sections of POA and explanation

• S1 of the Public Order Act 1986 - riots - used for most serious cases. Usually linked to planned or spontaneous serious outbreaks of sustained violence.

• S2 - violent disorder,

• S3 - affray - used where behaviour of the D puts in fear members of the public.Must be some conduct, beyond the use of words, which is threatening & directed towards person(s).

• S4 - causing intentional harassment, alarm or distress

• S5 - causing harassment, alarm, distress - issued in cases for less serious incidents of anti social behaviour

5 sections of POA and Highway Act 1980 for control processions w explanations

• S11 - bsets out requirements to give advance notice of public processions (6 days!)

• S12 - permits the police to impose conditions on public processions

• S13 - gives power to prohibit processions

• S14 - gives power to impose conditions on public assemblies

• S137 of Highway Act 1980 - creates the offence of wilful obstruction of the highway and gives power to order removal of the obstruction - DPP V Jones Margaret