Chapter 8 Key facts checklists

Chapter 8 Key facts checklists

Freedom of assembly and association
  • Freedom of assembly and association is linked to freedom of belief and expression.
  • The International Covenant on Civil and Political Rights (ICCPR) deals with assembly and association separately, the European Convention on Human Rights (ECHR) deals with them together in Article 11.
  • An assembly can be formed for a range of reasons and can take various forms.
  • Association includes political parties, other interest groups, and trade unions.
  • The right to form and join a trade union is given explicit protection in Article 11 although the scope of the protection can be limited.
  • A state must justify any restriction on Article 11(1); the margin of appreciation is especially narrow where the restriction is on political parties.
  • Public order and protest has led to litigation in England and Wales to define 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).
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