Article 11 of the European Convention on Human Rights (ECHR) safeguards the right to freedom of assembly and association. It protects individuals' rights to come together in peaceful gatherings, form associations or organisations, and engage in collective activities.
Article 11 – Freedom of Assembly and Association
Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Freedom of assembly: Article 11 establishes the right of individuals to assemble peacefully, whether for political, social, or other purposes. This includes the right to participate in demonstrations, protests, rallies, and public meetings.
Freedom of association: The article also protects the right of individuals to associate with others. This encompasses the right to form and join associations, clubs, political parties, and trade unions for various purposes, including the protection of one's interests.
Limitations on rights: While Article 11 guarantees the right to freedom of assembly and association, it allows for certain limitations on these rights under specific conditions. Any restrictions must be prescribed by law and necessary in a democratic society. Permissible reasons for limitations include national security, public safety, the prevention of disorder or crime, and the protection of health, morals, or the rights and freedoms of others.
Peaceful assembly: The right to freedom of assembly is conditional on the gatherings being peaceful. Violent or unlawful assemblies may not be protected under Article 11.
Trade unions: Article 11 explicitly recognises the right to form and join trade unions for the protection of individual interests. This is crucial for workers' rights and labor movements.
Exceptions: The second paragraph of Article 11 allows for certain exceptions and restrictions on these rights for members of the armed forces, police, or the administration of the state. These restrictions must still be in accordance with the principles of necessity and proportionality.
Democratic society: The limitations on the exercise of these rights must be necessary in a democratic society, which means that they must serve legitimate and compelling purposes and be proportionate to the objectives they seek to achieve.
Article 11 is significant for the protection of political and civic freedoms, enabling individuals to express their views, organise, and participate in public life. It contributes to the vitality of democracy and the protection of civil society organisations and trade unions. The European Court of Human Rights often handles cases related to the right to freedom of assembly and association under Article 11.
Find out how the ECHR impacts different areas of law, including Public Law, Constitutional Law, Administrative Law, EU Law, and English Legal System.
