Article 11 of the ECHR guarantees the two connected rights of freedom of peaceful assembly and freedom of association. The first includes the freedom to form and join trade unions. Both 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.
Chapter
14. Article 11: Freedom of assembly and association
David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley
Chapter
11. Thought, Expression, Association, and Assembly
Dominic McGoldrick
This chapter discusses the sources, scope, and limitations of the four fundamental freedoms: thought, expression, association, and assembly. Freedom of thought includes freedom of conscience, religion, and belief. Freedom of expression includes freedom of opinion and freedom of information. Freedom of association concerns the right to establish autonomous organizations through which individuals pursue common interests together. The right of assembly protects non-violent, organized, temporary gatherings in public and private, both indoors and outdoors.
Chapter
3. Legal Controls on Partnerships
This chapter details the relatively few legal controls and restrictions on partnerships and partnership agreements, together with aspects of contract law and litigation issues. In terms of contract law, the issues are capacity to become a partner, illegality and partnerships, and restraint of trade clauses in partnership agreements. With regard to the latter, the issues are validity and severance of such clauses as a matter of public policy, and enforcement. Medical and solicitors' partnerships are specifically considered in that context. The controls on partnership and business names in the Companies Act 2006 are set out, followed by the possibility of passing-off actions in tort. Finally, the position of partnerships, not being legal persons, as either complainants or defendants is considered.
Chapter
27. Freedom of association
This chapter provides an introduction to collective employment law. Collective employment law concerns the regulation of the relationship between trade unions and employees in their capacity as trade union members. In order to be able to enforce these rights it is often necessary for a union to be listed by the Certification Officer, recognised by an employer or for its members to be acting ‘officially’ in the name of the union. Freedom of association is protected by laws which deter employers from dismissing employees or taking action short of dismissal against them for a trade union reason. The law gives equal protection to people who suffer the same detriments because they are not union members or because they have left a union.
Chapter
14. Article 11: Freedom of Assembly and Association
David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green
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.
Chapter
19. Human rights in the UK: public order and police powers
This chapter examines the rights contained within Article 10 of the European Convention on Human Rights (freedom of expression), Article 11 (freedom of association and assembly), Article 5 (the right to liberty), and Article 8 (the right to a private and family life). It considers the domestic application of these rights as well as the various cases in which they have been raised. In doing this, the chapter explores the balance that must be struck between certain rights on the one hand and competing interests and needs on the other. With this in mind, it focuses on two areas: first, the freedoms of association and assembly, balanced against the need to ensure public order; and secondly, the freedom of liberty and right to a fair trial, against the need to ensure that the police can carry out their functions and responsibilities appropriately.
Chapter
19. Freedom of Assembly and Association
This chapter examines the provisions for freedom of assembly and association in the European Convention on Human Rights, and discusses the provisions of Article 11, which covers the protection of political parties, other associations, and a bundle of trade union rights. It explains that the case-law under Article 11 can be divided into two categories: the first is concerned with political or democratic rights; and the second relates to the employment-based rights to join, or refuse to join, a trade union. It examines developments concerning the right to protest and trade union rights such as collective bargaining.
