p. 69114. Article 11: Freedom of Assembly and Association
- David Harris, David HarrisEmeritus Professor in Residence, and Co-Director, Human Rights Law Centre, University of Nottingham
- Michael O’boyle, Michael O’boyleDeputy Registrar of the European Court of Human Rights (2006–2015)
- Ed Bates, Ed BatesAssociate Professor, School of Law, University of Leicester
- Carla M. Buckley, Carla M. BuckleyInternational Human Rights Lawyer
- KreŠimir Kamber, KreŠimir KamberRegistry Lawyer, European Court of Human Rights
- ZoË Bryanston-Cross, ZoË Bryanston-CrossRegistry Lawyer, European Court of Human Rights
- Peter CumperPeter CumperProfessor of Law, University of Leicester
- , and Heather GreenHeather GreenIndependent Researcher
Abstract
This chapter discusses Article 11 of the European Convention on Human Rights, which guarantees the two connected rights of freedom of peaceful assembly and freedom of association. The latter includes the freedom to form and join trade unions. Both rights are essential to the effective working of democracy. Article 11 imposes negative obligations on states not to interfere with these rights unless the interference is prescribed by national law and is necessary in a democratic society to achieve at least one of the aims specified in the article. Restrictions on striking by the armed forces, police, and administration of the state are permitted under Article 11(2). Positive obligations on states to take reasonable measures to protect the two freedoms have been read into Article 11, including to undertake effective investigations into complaints of interference by private persons. States have a positive obligation to secure the rights of individuals and trade unions against employers and to protect the individual against union power.
