Article 11: Freedom of Peaceful Assembly and Freedom of Association With Others (AQA A-Level Law): Flashcards

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Article 11: Freedom of Peaceful Assembly and Freedom of Association With Others
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Historical origin of Article 11

Nazi Party restrictions on movement & peaceful protest

Definition: Assembly

Right to meet & gather with others for lawful purposes

Definition: Association

Right to form lawful groups, organisations, or clubs

Assembly vs Association

Assembly: temporary/event; Association: ongoing/organisational

Article 11 specifically mentions

Right to form and join trade unions

Two components of Article 11

Freedom to gather & freedom to choose who to associate with

Reciprocal nature of Article 11

Both individuals & organisations have rights re: membership

ASLEF v UK (2007) ruling

Unions can exclude members with fundamentally opposed views

Article 11 right status

Qualified right, not absolute

Reverse protection of Article 11

Cannot be forced to join organisations or participate

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