Bączkowski And Others V. Poland
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Bączkowski And Others V. Poland
''Bączkowski and Others v. Poland'' was a European Court of Human Rights case which ruled unanimously that the banning of an LGBTQ, LGBT pride parade in Warsaw, locally known as the Parada Równości (equality parade), in 2005 was in violation of Articles Article 11 of the European Convention on Human Rights, 11, Article 13 of the European Convention on Human Rights, 13 and Article 14 of the European Convention on Human Rights, 14 of the European Convention on Human Rights. Background In 2005, the President of Warsaw, Mayor of Warsaw, Lech Kaczyński (later President of Poland), refused to allow a gay pride parade to take place through the city, justifying his decision by the fact that the organisers had not submitted a traffic organisation plan, that such a parade would promote a "homosexual lifestyle" in Warsaw, and that he is against "propagating gay orientation". Despite this, on 11 June 2005, approximately 2500 people marched, in defiance of the ban.
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Article 11 Of The European Convention On Human Rights
Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Case law *'' Communist Party of Germany v. the Federal Republic of Germany'' (1957) – proscription of the Communist Party upheld as Article 17 prohibits using Convention rights to seek the abolition or restriction of the rights of others *'' Plattform "Ärzte für das Leben" v. Austria'' (1988) – neither police failure to ensure counter-protesters did not infiltrate and disrupt a protest, nor dispersal of protesters in order to allow another group to exercise its religion, breached article 11 *'' Vogt v Germany'' (1995) – on grounds of membership in a lawful party, applied to someone who was not shown to be a threat to constitutional order, was found to be a breach of Articles 10 and 11 *'' Wilson and Palmer v Unite ...
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