'The European Court of Human Rights has given inadequate protection to the rights of trade unions under article 11.'

Evaluate this statement, considering the jurisprudence of the European Court of Human Rights.

In the introduction, explain the issue and set out how the question will be answered. The question is asking for a discussion of trade union rights under article 11.

Structure the essay to answer question in a clear manner.

The essay should explain the protection given to association under article 11 and why trade unions are explicitly protected. Why is protection of trade unions seen as important enough to be mentioned explicitly in the convention, when the convention itself is primarily focused on civil and political (individual) rights? Discuss generally when, if ever, the state should be allowed to justify restrictions?

The essay should then:

• Discuss the case law examining the meaning of association under article 11 re trade unions – the right to join or not to join a trade union
• Discuss the case law examining when, and if the ECtHR allows the state to restrict the membership, activities etc. of a trade union.

The essay should use the arguments of academics, relevant case law and reports

Conclusions: This should bring the arguments together and conclude as to whether trade unions should be given protection and if so, what level of protection is necessary? Conclude as to whether the ECtHR case law demonstrates that trade unions are adequately protected and the essay could suggest how the Court might develop protection in the future.