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Chapter

Cover International Human Rights Law

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

Cover Concentrate Questions and Answers Human Rights and Civil Liberties

11. Freedom of Religion, Association, and Peaceful Assembly  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties; offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers freedom of religion, freedom of association, and the right to peaceful assembly, including the scope of those rights, their protection in domestic law and under the ECHR and their application to matters such as religious practices, trade unions, and political organisations, and the right to demonstrate.

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 Concentrate Questions and Answers Human Rights and Civil Liberties

10. Freedom of Expression  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers freedom of speech and expression, including the scope of free speech and expression, its protection in domestic law and under the ECHR, and its application to areas such as public order, national security contempt of court, press freedom, and defamation law.

Chapter

Cover Human Rights Law Concentrate

8. Freedom of assembly and association  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of assembly and association, which is dealt with together in Article 11 of the European Convention on Human Rights (ECHR) but separately in the International Covenant on Civil and Political Rights (ICCPR). It looks at the various forms of an assembly, and considers forms of association such as political parties, other interest groups, and trade unions, and how a state must justify any restriction on Article 11(1) given the extremely narrow margin of appreciation when it comes to political parties. The chapter also discusses public order and protest that has led to litigation in England and Wales to determine what is meant by imminent breach of the peace, the limits on processions and assembly, and the proportionality of state measures under Article 11 (with Articles 10 and 5).

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 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.

Chapter

Cover Public Law

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

Cover Public Law

21. Freedom of Assembly  

This chapter is concerned with the right to freedom of assembly and, in particular, the right to protest. The chapter begins with a discussion of the importance of the right to protest, and then considers the prohibition of certain types of behaviour, statutory powers to regulate protests, and common law powers to regulate protests.

Book

Cover Human Rights Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Human Rights Law Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so that you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed, and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers: the European Convention on Human Rights; the Human Rights Act 1998; right to life and freedom from ill treatment; right to liberty and right to fair trial; right to family and private life; freedom of religion and expression; freedom of assembly and association; freedom from discrimination; and terrorism. This, the fourth edition, has been fully updated with all the recent developments in the law.