Article 11 echr
Article 11 of the European Convention on Human Rights (ECHR) protects the right to freedom of assembly and association. It guarantees the right to form and join trade unions, as well as the right to peaceful assembly. This article also includes the right to freedom of expression within the context of these activities.
7 Key excerpts on "Article 11 echr"
eBook - ePubThe EU Charter of Fundamental Rights
A Commentary
- Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward, Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward(Authors)
- 2021(Publication Date)
- Hart/Beck(Publisher)
...Article 12(1) Article 12(1) Freedom of Assembly and of Association 1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests. Text of Explanatory Note on Article 12(1) Paragraph 1 of this Article corresponds to Article 11 of the ECHR, which reads as follows: ‘1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.’ The meaning of the provisions of paragraph 1 is the same as that of the ECHR, but their scope is wider since they apply at all levels including European level...
eBook - ePub- Routledge(Author)
- 2013(Publication Date)
- Routledge(Publisher)
...As the mall was privately owned, the question was one of positive obligations. The Court did not exclude that a positive obligation to regulate property rights could arise but in the particular case it considered that the applicants had had available a variety of other ways in which to communicate their views to the public, for example by canvassing in the old town centre. Consequently, there had been no failure to protect the applicant’s freedom of expression. Article 11 - Freedom of assembly and association 1 Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2 No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. The article grants a right to ‘peaceful’ assembly as opposed to assembly generally. A considerable ‘margin of appreciation’ has been given to States, including use of complete bans in order to prevent disorder (Christians against Racism and Fascism v UK [1995]). The State has a complicated balancing act which must seek a compromise between the protection of individual freedoms, whilst maintaining order and protecting property. The HRA 1998 gave, for the first time, the UK Government an obligation to balance the exercise of restraints against rights. As a brief summary of the law on the right to assemble in the UK, note that there was no right to assemble per se before HRA 1998...
eBook - ePub- Howard Davis(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...Chapter 9 Freedom of political expression LEARNING OBJECTIVES On completing this chapter the reader should understand: • The importance of political rights as guaranteeing more than just the right to vote • The need for legitimate restrictions on the exercise of such rights • The general structure of Articles 10 and 11 in respect of guaranteeing rights of political expression and protest • Applications of these rights in the context of the media and in relation to expression which undermines democracy. INTRODUCTION The right to participate in public affairs is important and easily explained by reference to human rights theory and justifications. People should be entitled to take part in the processes by which the policies to be pursued by government and the means to be used are decided; and also to be involved in public affairs more generally. In this way people can advance their personal interests by obtaining changes to the law and state policy, but also express a more ‘ideal regarding’ interest in making society better for everyone. In a democracy this is done, predominantly, by the right to vote for representatives (such as MPs) in regular, fair, elections (guaranteed by Article 3 of the First Protocol to the ECHR). It is also done by securing rights to express opinions and hear the opinions of others etc, and to be able to organise into groups, such as political parties, and to march, hold meetings and demonstrate in order to influence public opinion and the representatives and then the government. In this chapter we look at how these rights of public participation are guaranteed in human rights law, especially through Articles 10 (freedom of expression) and 11 (freedom of assembly and association) of the European Convention on Human Rights (ECHR), given effect in UK law through the Human Rights Act 1998 (HRA). The philosophical justification for these rights, especially freedom of speech and expression, is not confined to public or political speech...
eBook - ePub- Helen Fenwick, Richard Glancey(Authors)
- 2013(Publication Date)
- Routledge(Publisher)
...Examiners will expect some discussion of its relevance and impact as found in the post- HRA cases. Articles 10 and 11 of the European Convention on Human Rights, which provide guarantees of freedom of expression and of association and peaceful assembly respectively, were received into UK law once the Human Rights Act 1998 came fully into force in 2000. (Note that Art 10 protects ‘expression’, not merely ‘speech’, thus covering many forms of expressive activity, including forms of public protest.) Therefore, Arts 10 and 11 and other Convention articles relevant in this area are directly applicable in UK courts, and are taken into account in interpreting and applying common law and statutory provisions affecting public protest. Section 3(1) of the HRA requires: ‘So far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.’ Section 3(2)(b) reads: ‘this section does not affect the validity, continuing operation or enforcement of any incompatible primary legislation’. Section 3(1) goes well beyond the pre- HRA obligation to resolve ambiguity in statutes by reference to the Convention. All statutes affecting freedom of assembly and public protest therefore have to be interpreted so as to be in harmony with the Convention, if that is at all possible. Under s 6, Convention guarantees are binding only against public authorities; these are defined as bodies which have a partly public function. In the context of public protest, this will normally mean that if the police, local authorities or other public bodies use powers deriving from any legal source in order to prevent or limit peaceful public protest, the protesters can bring an action against them under s 7(1)(a) of the HRA relying on Art 11, probably combined with Art 10...
eBook - ePub- Peter Halstead(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...It is the fact that these freedoms continue to be available to people who reject them that proves their strength and worth. If these rights are diminished, albeit from the best of motives and undoubtedly sometimes for vitally necessary reasons, it means that traditional and hard-won rights are eroded and those who would plot to destroy them win their small but cumulative victories by diminishing civilised and humane society. 8.3 Treaty provisions The Universal Declaration of Human Rights (UDHR) Article 19 establishes the basic modern human rights freedom of expression principle, the words ‘through any media’ indicating the extent of the right and ‘regardless of frontiers’ its universality. The EU Charter and ECnHR define it in similar terms, although the Charter incorporates reference to the freedom and pluralism of the media and the Convention allows States to license broadcasting, television and cinema enterprises (in each case below identified by the author’s italics). The ECnHR goes on to provide significant qualifications in Article 10 paragraph 2 that limit the exercise of the freedoms and accentuate the duties and responsibilities necessary in a democratic society on a number of grounds: national security, territorial integrity or public safety; preventing disorder or crime; protecting health or morals; protecting the reputation or rights of others; preventing disclosure of information received in confidence; maintaining the authority and impartiality of the judiciary. ARTICLE UDHR Article 19 ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’ ARTICLE EU Charter Article 11 ‘Everyone has the right to freedom of expression...
eBook - ePub- Richard Gordon, Tim Ward(Authors)
- 2013(Publication Date)
- Routledge-Cavendish(Publisher)
...The case concerned freedom of movement. The ECJ concluded that a particular provision of Community law (Article 39(3) of the EC Treaty) was a ‘specific manifestation of the more general principle’ enshrined in Articles 8–11 of, and Article 2 of Protocol 4 to, the ECHR justifying limitation on free movement on limited public policy grounds. 17 As Jacobs and White observe, 18 the decision is especially significant because the recognition of the relevance of the ECHR provisions was unnecessary for the Court's ruling. 16 Case 36/75 Rutili v Ministre de l'Intérieur [1975] ECR 1219. 17 See para 32 of the judgment in Rutili summarising the effect of the cited ECHR provisions as being that ‘no restrictions in the interests of national security or public safety shall be placed on the rights secured … other than such as are necessary for the protection of those interests in a democratic society’. 18 See Francis G Jacobs and Robin CA White, The European Convention on Human Rights, 2nd edn, 1996, Clarendon, p 411. The modern view 7.14 Since Rutili, the Convention has become firmly established as an analytical tool of the ECJ. The ECJ has even subjected its own procedures to scrutiny on Convention grounds. In Emesa Sugar v Aruba, 19 it considered and rejected a challenge to the role of theAdvocate General based upon Article 6(1) of the ECHR. 19 Case C-17/98 Emesa Sugar (Free Zone) NV v Aruba (2000) The Times, 29 February. 7.15 Although the ECJ has advised in Opinion 2/94 on Accession by the Community to the ECHR 20 that the Community lacks competence to accede to the ECHR, that Court's Opinion contains a clear summary of the status of the ECHR in Community law. Materially, the ECJ observes thus: 20 [1996] ECR I-1759. It is well settled that fundamental rights form an integral part of the general principles of law whose observance the Court ensures...
- Helen Fenwick, Gavin Phillipson, Alexander Williams(Authors)
- 2020(Publication Date)
- Routledge(Publisher)
...This body of law is confined to those areas covered by the Treaty of Rome 1957 and subsequent Treaties. Each Treaty (ie the Maastricht, Amsterdam, Nice and Lisbon Treaties) has been incorporated into UK domestic law by statute. The law emanating from Europe which applies in the United Kingdom includes regulations, directives, and decisions. EU membership also means that rulings from the European Court of Justice can be binding on domestic courts within the United Kingdom … Where it applies, EU law operates as a higher order law and will have the effect of overriding domestic legal provisions [though possibly not all—see chapter 4 at 150 and chapter 5 at 196–97]. European Convention on Human Rights Since the Human Rights Act (HRA) 1998 came into force in October 2000 the ECHR is incorporated as part of UK law. The ECHR can be regarded as amounting to a constitutional charter of rights. As we shall see in later chapters, the ECHR is an international treaty setting out basic individual rights including: right to life; liberty and security; prohibition of torture and slavery; right to fair trial; no punishment without law; right to respect for privacy and family life; freedom of thought, conscience, and religion; freedom of expression; freedom of assembly and association; and prohibition of discrimination. All public bodies, including the courts, are legally required to act in a way which is compatible with the above rights, and a remedy may be sought if these citizen rights are breached.… The Law and Customs of Parliament The law and customs of Parliament refers to the resolutions of the two Houses of Parliament which establish parliamentary practice (standing orders of the House). This body of rules is of great political importance and it ranges from the regulation of debates to the functions of the leaders of the government and opposition. These rules can be changed by MPs and peers...
