1-4 of 4 Results  for:

  • Keyword: trade union x
  • Human Rights & Immigration x
Clear all

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

14. Article 11: Freedom of assembly and association  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

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

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

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.

Chapter

Cover Human Rights Law Directions

18. Article 11: freedom of assembly and association  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers Article 11 and relates it, in outline, to aspects of public order law in the UK. Article 11 protects the rights of people to ‘peaceful assembly’—to hold and take part in peaceful meetings, marches, and demonstrations. Related issues such as the notion of peaceful assembly and positive duties in respect of facilitating political action are discussed. Article 11 also guarantees the right to ‘associate’: to join and be active in ‘associations’ such as political parties, pressure groups, religious organisations, and trade unions. Both these rights are subject to restriction under the terms of Article 11. The importance of Article 11 rights for democracy is fully recognised, and any restrictions must be consistent with the principles of tolerance and pluralism. Article 11 also permits significant restrictions on the political freedom of police, civil servants, and other public officials.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

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.