Article 11 Freedom of assembly and association PDF

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This document provides; Article 11 Freedom of assembly and association , A fundamental democratic right,Peaceful assembly supported by Kudrevicius v Lithuania App 37553/05,...

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Article 11: freedom of assembly and association

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, for the protection of the reputation or rights 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.

Article 11 is one of the rights by which political freedom (the right to political action or to participate in public affairs) is secured under the Convention. The promotion of democracy is one of the aims of the Council of Europe and is central to the general philosophical justification of human rights. A ‘democratic’ political system is the only one acceptable under the Convention. Any Article 11 claim is dismissed by the European Court of Human Rights (ECtHR) on the grounds that no new issues are raised which have not already been raised under Article 10.

A fundamental democratic right

Article 11 protects only the right to peaceful assembly. This right is recognised by the ECtHR as a ‘fundamental right in a democratic society … one of the foundations of such a society’ .

Peaceful assembly

It applies only to ‘peaceful assembly’. This excludes demonstrations where the organisers have violent intentions. However, a person does not lose the protection of Article 11 just because of the violent actions of others. The exercise of a right to, specifically, peaceful assembly must be judged by the conduct of the applicant. Generally speaking, an individual does not cease to enjoy the right to freedom of peaceful assembly simply because sporadic violence or other punishable acts take place in the course of the assembly, if he himself remains peaceful in his intentions and behaviour. A peaceful protest is where organisers and participants do not have ‘violent intentions’.

Kudrevicius v Lithuania App 37553/05,

Grand Chamber judgment of 15 October 2015 Farmers took part in a demonstration to protest against the fall of prices and the lack of state subsidies for agriculture. They were permitted to hold a demonstration in various places but, in breach of these permits they blocked major highways, in some cases for two days. This caused significant disruption to others but the demonstration was non-violent.

A Grand Chamber held that there had been no breach of Article 11. The applicants Article 11 rights had been interfered with but the interference was justified under Article 11(2)....