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 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.

This means that everyone has the right to assemble with other people in a peaceful way. They also have the right to associate with other people and this includes the right to form a trade union. While these rights may be restricted, any restrictions must be only to the extent necessary to meet one of the legitimate aims, namely national security, public safety, the prevention of health or morals, the protection of the rights and freedoms of others. The reference to assembly means meetings, marches, public processions and demonstrations. Association includes the right to join a political party, trade union, association or voluntary groups.

What this means for local authorities

Local authorities must be aware that their actions might interfere with a person’s right to freedom of association or assembly and should seek to ensure that their policies and decisions conform with these provisions. Where it is necessary to restrict the right to assemble or association, then that should only be to the minimum extent necessary, and in order to meet one of the legitimate aims of protecting national security, public safety, health and morals or the rights of others, or for the prevention of crime. Thus a balancing exercise will require to be undertaken.

This will be particularly relevant for officials who are involved in making decisions about public protests and demonstrations, and in relation to the rights of employees.

Case law examples

• In Wilson and others v UK, the European Court of Human Rights decided that the use of financial incentives to induce employees to give up their union membership was a breach of the right to freedom of association.

• In ASLEF v UK, the European Court of Human Rights held that the right to freedom of association not only means that a worker must be free to join a trade union (or not) but also that trade unions are free to chose their membership. Thus the expulsion of a member of the BNP by the train driver’s union on the grounds that he was likely to bring the union into disrepute was justified.