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Self-test questions: Human rights: freedom of assembly
By Josie Welsh
Quiz Content
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Which of the following statements summarises the justification for freedom of assembly as a human right?
Individuals must be free to demonstrate their views in public as a feature of democracy
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Groups must be free to protest in any form to air their political views in public
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Individual and group protests is an important feature of democracy, even if they risk breaching the peace
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Individuals may breach the peace in order to demonstrate their views in public
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Groups may breach the peace to protest publicly against others' political views
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Which other human right under the European Convention on Human Rights is the freedom of assembly intimately connected to?
Right to liberty and security
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Right to a fair trial
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Freedom of expression
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Freedom of thought, conscience and religion
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Prohibition of discrimination
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Shahina is planning a peaceful protest in her local park against a decision to re-open the main shopping street in the town to cars. The street had been closed during the Covid-19 pandemic and many local residents commented on the reduction in noise and pollution. Shahina is a keen activist against climate change and wishes to gather like-minded people to discuss and show opposition to the measures. One of the people who contacts Shahina queries whether they have the right to protest.
Choose the best response from the list below.
Freedom of assembly and association is provided for by Article 9 of the European Convention on Human Rights and given effect in domestic law under the Human Rights Act 2000
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Freedom of assembly and association is provided for by Article 9 of the European Convention on Human Rights and given effect in domestic law under the Human Rights Act 1998
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Freedom of assembly and association is provided for by Article 12 of the European Convention on Human Rights and given effect in domestic law under the Human Rights Act 1998
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Freedom of assembly and association is provided for by Article 11 of the European Convention on Human Rights and given effect in domestic law under the Human Rights Act 2000
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Freedom of assembly and association is provided for by Article 11 of the European Convention on Human Rights and given effect in domestic law under the Human Rights Act 1998
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Two old school friends have been radicalised by a far-right group who plan to march against increasing immigration in their town. The leader of the group tells the sixteen members of the group that when they march, they must all wear a black baseball cap, a black shirt and combat trousers. When they march, they are all required by the group to carry a flag with a known fascist symbol emblazoned upon it. One of the friends asks whether the police will stop them from marching to which the leader of the group replies, 'They can't. It's our human right to protest and anyway, they can't limit our freedom of speech.'
Will the group be permitted to march freely as described here?
No, they may be charged with terrorism offences
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Yes, they have the right to freedom of association as set out in Article 11 ECHR
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Yes, they have the right to join any group as a citizen of the country
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No, they are not permitted to wear a 'uniform' while promoting their political agenda
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Yes, the right to freedom of association includes joining any political group
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The MNM group are planning a protest in the city centre. On the same date, an opposition group BCB are planning a counter-protest. The local council raises concerns that there may be violence between the groups and requests that the police stop the protests from taking place.
Can the police prevent the protests from taking place under Article 11 ECHR?
No, the police have to actively encourage peaceful protest
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No, while it may seem reasonable any restriction must be justified. There is no evidence at this stage that the protests will be anything other than peaceful
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Yes, it is justified to stop the protests. There is evidence that the protests will be violent.
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Yes, it is necessary because there are two opposing groups and concerns over national security
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Yes, they can stop the protests from happening on the grounds of public safety
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The 'AnimalsLives' group is protesting against animal cruelty and plans a march through their local city centre. They submit their planned route to the council and it seems that they will be passing the offices of a company known to be involved in animal-testing. There is a history of violence between the campaign group and this company, with the office building damaged during a previous march.
In this instance, could the police recommend an alternative route which avoids the offices under Article 11?
Yes, it would be a reasonable interference on the grounds of national security
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Yes, it would be in line with public order legislation
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Yes, it would be a reasonable and proportionate interference with the group's Article 11 rights
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No, it would be an unnecessary interference with the group's Article 11 rights
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No, the group could sue the police for unfair treatment
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The 'AnimalsLives' group is protesting against animal cruelty and plans a march through their local city centre. They submit their planned route to the council and it seems that they will be passing the offices of a company known to be involved in animal-testing. There is a history of violence between the campaign group and this company, with the office building damaged during a previous march.
In this instance, can the police prevent the march under Article 11?
Yes, it would be reasonable on the grounds of the protection of morals
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No, this would amount to unfair treatment of the group by the police
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Yes, it would be a necessary interference with the group's Article 11 rights
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Yes, it would be possible under public order legislation
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No, this restriction would be an unnecessary interference with the group's Article 11 rights
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The Stoney-Os is a small campaign group who have been seeking to save an historic stone monument from being affected by a proposed new highway. They have large flags and wear high-visibility jackets while standing on the verge of the existing road. The group of 30 protestors stand there every day for a week, protesting peacefully, but on the last day the police arrive and several protesters are arrested. The police tell them that they were trespassing and in breach of s14A of the Public Order Act 1986.
Do individuals have the right to assemble on public highways to exercise their right to protest?
Yes, the verge is a public place and they are permitted to protest peacefully upon it
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Yes, the road is only for travel but they may trespass in order to protest
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No, the verge is a public place but they are not permitted to protest for safety reasons
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No, the verge is only to be used for travel and they have no right to protest there
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No, the verge is part of the highway and they are interfering with the rights of road users by protesting there
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Hedgey is a well-known environmental activist and has taken part in all kinds of protests around the UK. Hedgey has, until recently, lived in a tree protesting against a new tunnel being dug under an historic river in order to connect two cities. Hedgey has decided that the time has come to raise the profile of this issue further and sets up a tent on the green in the centre of Parliament Square, in front of Big Ben. While Hedgey is setting up the tent, a number of fellow campaigners arrive and stand alongside with placards. It is clear to passers-by that they are protesting against the new tunnel. Within half an hour, the police have arrived. The campaigners are told to disperse and Hedgey is told to take down the tent because they are all 'prohibited activities'.
Are the police's actions here justified within the context of the right of freedom of assembly and association?
No, by virtue of ss132-8 of the Serious Organised Crime and Police Act 2005
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Yes, by virtue of ss132-8 of the Serious Organised Crime and Police Act 2005
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Yes, by virtue of s14 of the Public Order Act 1986
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No, by virtue of ss142-8 of the Police Reform and Social Responsibility Act 2011
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Yes, by virtue of ss142-8 of the Police Reform and Social Responsibility Act 2011
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Scott Hart is preaching on the steps of a bandstand in the local park. It is Sunday afternoon and a number of people gather to listen. Scott Hart is known to be a controversial speaker but the crowd does not appear agitated by what he is saying on this occasion. The police arrive and detain Scott Hart in order 'to prevent a breach of the peace'.
Are the police justified in their actions here?
No, Scott Hart is not acting unlawfully and the crowd is unlikely to resort to violence
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No, Scott Hart is exercising his right to freedom of expression
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Yes, Scott Hart is acting unreasonably and there may be violence from a member of the crowd
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Yes, Scott Hart's words may provoke or upset the crowd
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Yes, Scott Hart is known to the police and they are preventing disorder
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