Article 11 of the European Convention on Human Rights protects the right to

freedom of assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...

and association, including the right to form

trade union A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...

s, subject to certain restrictions that are "in accordance with law" and "

necessary in a democratic society "Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic soci ...

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 United Kingdom''

002 002, 0O2, O02, OO2, or 002 may refer to: Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 OO2, the minor planet 7499 L'Aquila *1990 OO2, the asteroid 9175 Graun Fiction *002, fictional British 00 Agent *''002 Operazione Luna'' ...

ECHR 552 – lawfulness in UK law of using financial incentives to induce employees to surrender union rights was a breach of Article 11 *'' Yazar, Karatas, Aksoy and Hep v Turkey'' (2002) 36 EHRR 59 – the peaceful and democratic aims and methods of the People's Labour Party, which advocated increased political rights for Kurds, did not justify its dissolution as necessary in a democratic society, which was therefore a breach of Article 11 *'' Church of Scientology Moscow v Russia'' (2007) – rejection of registration in bad faith, with the consequent restriction of its lawful activities despite not being dissolved, was a breach of Articles 9 and 11 *'' ASLEF v United Kingdom'' (2007) – UK law prohibiting a trade union from expelling a member belonging to a political party with opinions that contradicted the purpose of the union was a breach of its freedom of association under Article 11 *'' Bączkowski v Poland'' (2007) – discriminatory ban on an LGBT pride parade was a breach of Articles 11, 13 and 14 *'' Demir and Baykara v Turkey''

008 008, OO8, O08, or 0O8 may refer to: * "008", a fictional 00 Agent In Ian Fleming's James Bond novels and the derived films, the 00 Section of MI6 is considered the secret service's elite. A 00 (pronounced "Double O") is a field agent who ho ...

ECHR 1345 – domestic courts' quashing of a

collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and labour rights, rights for ...

agreement (despite recognising the right to join a union) was a breach of Article 11 as freedom of association implies a right to collective bargaining

Notes

External links

ECtHR case-law factsheet on trade unions rights
{{DEFAULTSORT:Article 11 Of The European Convention On Human Rights 11 Trade union law

Case law

See also

Notes

External links