Recent from talks
Knowledge base stats:
Talk channels stats:
Members stats:
Article 11 of the European Convention on Human Rights
Article 11 of the European Convention on Human Rights (ECHR) protects the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions. It is regarded by the European Court of Human Rights (ECtHR) as a fundamental right and one of the foundations of a democratic society. The right is not absolute: Article 11(2) permits restrictions that are prescribed by law, pursue a legitimate aim, and are necessary in a democratic society.
Article 11 – Freedom of assembly and association
The right to freedom of assembly is only protected by Article 11 if the assembly is peaceful. Organisers or participants of assemblies who have violent intentions, incite violence, or otherwise reject the foundations of a democratic society are excluded. Since freedom of peaceful assembly is a fundamental right and a foundation of democratic society, the ECtHR adopts a wide interpretation.
Unlawful or disruptive yet nonetheless peaceful assemblies do not automatically lose protection from Article 11. Disruption intentionally planned by assembly leaders cannot enjoy the same protection.
In Kudrevičius and Others v Lithuania (2015), a blockade of three major highways with tractors, as part of a wider agricultural protest, led to the criminal conviction of five Lithuanian nationals. The Grand Chamber held that obstructing traffic as part of a demonstration is, by itself, peaceful conduct, but not at the core of the freedom protected by Article 11.
Peaceful participants do not lose their right to assembly based on another or a group of others inciting violence. In Ezelin v France (1991), the ECtHR held that the freedom to take part in a peaceful assembly is of such importance that it cannot be restricted in any way, so long as the person concerned does not commit any reprehensible act on that occasion, even if others at the demonstration engage in violence.
The ECtHR interprets Article 11 in light of Article 10, which protects the right to freedom of expression, since one objective of freedom of assembly and association is the protection of opinions and the freedom to express them.
Article 11 requires states to take positive measures to secure the effective enjoyment of the right to assemble peacefully, rather than merely refraining from unreasonable interference. Whether a state has discharged its positive obligations is assessed by the same standard as its negative ones: the ECtHR considers whether a fair balance has been struck between the public interest and the individual's right.
Hub AI
Article 11 of the European Convention on Human Rights AI simulator
(@Article 11 of the European Convention on Human Rights_simulator)
Article 11 of the European Convention on Human Rights
Article 11 of the European Convention on Human Rights (ECHR) protects the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions. It is regarded by the European Court of Human Rights (ECtHR) as a fundamental right and one of the foundations of a democratic society. The right is not absolute: Article 11(2) permits restrictions that are prescribed by law, pursue a legitimate aim, and are necessary in a democratic society.
Article 11 – Freedom of assembly and association
The right to freedom of assembly is only protected by Article 11 if the assembly is peaceful. Organisers or participants of assemblies who have violent intentions, incite violence, or otherwise reject the foundations of a democratic society are excluded. Since freedom of peaceful assembly is a fundamental right and a foundation of democratic society, the ECtHR adopts a wide interpretation.
Unlawful or disruptive yet nonetheless peaceful assemblies do not automatically lose protection from Article 11. Disruption intentionally planned by assembly leaders cannot enjoy the same protection.
In Kudrevičius and Others v Lithuania (2015), a blockade of three major highways with tractors, as part of a wider agricultural protest, led to the criminal conviction of five Lithuanian nationals. The Grand Chamber held that obstructing traffic as part of a demonstration is, by itself, peaceful conduct, but not at the core of the freedom protected by Article 11.
Peaceful participants do not lose their right to assembly based on another or a group of others inciting violence. In Ezelin v France (1991), the ECtHR held that the freedom to take part in a peaceful assembly is of such importance that it cannot be restricted in any way, so long as the person concerned does not commit any reprehensible act on that occasion, even if others at the demonstration engage in violence.
The ECtHR interprets Article 11 in light of Article 10, which protects the right to freedom of expression, since one objective of freedom of assembly and association is the protection of opinions and the freedom to express them.
Article 11 requires states to take positive measures to secure the effective enjoyment of the right to assemble peacefully, rather than merely refraining from unreasonable interference. Whether a state has discharged its positive obligations is assessed by the same standard as its negative ones: the ECtHR considers whether a fair balance has been struck between the public interest and the individual's right.