s16 – Peaceful Assembly and Freedom of Association

Schwabe and M.G. v Germany – 8080/08 [2011] ECHR 1986 (1 December 2011)

Preventive detention of G8 protesters a violation of the right to liberty and peaceful assembly Schwabe and M.G. v Germany – 8080/08 [2011] ECHR 1986 (1 December 2011) Summary The European Court of Human Rights has ruled that the detention of two German citizens, who planned to be involved in protests against the 2007 G8 [...]

Batty v City of Toronto [2011] ONSC 6862 (21 November 2011)

Occupy Toronto and limitations on the right to protest Batty v City of Toronto [2011] ONSC 6862 (21 November 2011) Summary In Batty v City of Toronto, the Ontario Superior Court of Justice considered an application challenging the constitutional validity of a Trespass Notice issued to a group of protestors on the basis it violated [...]

Palomo Sanchez v Spain [2011] ECHR 1319 (12 September 2011)

European Court of Human Rights rules on the right to freedom of expression in the context of employment Palomo Sanchez v Spain [2011] ECHR 1319 (12 September 2011) Summary In this case, the Grand Chamber of the European Court of Human Rights considered whether the dismissal of employees for publishing offensive material in a trade [...]

Castle & Ors v Commissioner of Police for the Metropolis [2011] EWHC 2317 (Admin) (8 September 2011)

Rioters’ rights: Police obligations under the European Convention of Human Rights during protests and demonstrations Castle & Ors v Commissioner of Police for the Metropolis [2011] EWHC 2317 (Admin) (8 September 2011) Summary The High Court of England and Wales has dismissed claims made on behalf of three school children that their containment at last [...]

Moos & Anor, R (on the application of) v Police of the Metropolis [2011] EWHC 957 (Admin) (14 April 2011)

Police use of force to control demonstrators only permissible where there are no other means whatsoever to prevent breach of the peace Moos & Anor, R (on the application of) v Police of the Metropolis [2011] EWHC 957 (Admin) (14 April 2011) Summary The England and Wales High Court recently concluded that action taken by [...]

The Mayor of London (on behalf of the Greater London Authority) v Brian Haw, Barbara Tucker & Charity Sweet [2011] EWHC 585 (17 March 2011)

Limitations on the Rights to Freedom of Expression and Assembly The Mayor of London (on behalf of the Greater London Authority) v Brian Haw, Barbara Tucker & Charity Sweet [2011] EWHC 585 (17 March 2011) Summary In The Mayor of London v Haw & Ors, the UK High Court considered whether the granting of particular [...]

Abdul & Ors v Director of Public Prosecutions [2011] EWHC 247 (Admin) (16 February 2011)

Right to ‘Polite’ Protest Abdul & Ors v Director of Public Prosecutions [2011] EWHC 247 (Admin) (16 February 2011) Summary This case held that the right to freedom of expression, by way of protest, may be limited in order to maintain public order. Facts This case involved an appeal in the High Court of England [...]

Aydin v Germany [2011] ECHR 141 (27 January 2011)

Does Criminalisation of Support for an ‘Illegal’ Organisation Violate the Right to Free Expression? Aydin v Germany [2011] ECHR 141 (27 January 2011) Summary The applicant, a Turkish national, brought a claim in the European Court of Human Rights against the Federal Republic of Germany under Article 34 of the European Convention on Human Rights [...]

King v Secretary of State for Justice [2010] EWHC 2522 (Admin) (13 October 2010)

Right to a Fair Hearing and Disciplinary Proceedings in Prison King v Secretary of State for Justice [2010] EWHC 2522 (Admin) (13 October 2010) The High Court of Justice has held that disciplinary proceedings may constitute the determination of civil rights, invoking the rights under art 6(1) of the European Convention on Human Rights.  The [...]

Mayor of London (On behalf of the Greater London Authority) v Hall & Ors [2010] EWCA Civ 817 (16 July 2010)

Limitations on the Right to Peaceful Assembly and Protest Mayor of London (On behalf of the Greater London Authority) v Hall & Ors [2010] EWCA Civ 817 (16 July 2010) The England and Wales Court of Appeal upheld a High Court decision which held that the Mayor of London is entitled to seek an injunction [...]

Friend and Countryside Alliance v United Kingdom [2009] ECHR 2068 (17 December 2009)

Fox Hunting and the Right to Private Life Friend and Countryside Alliance v United Kingdom [2009] ECHR 2068 (17 December 2009) In this case, the European Court of Human Rights unanimously held that a ban on fox hunting with dogs in the United Kingdom does not impinge upon the human rights enshrined in the European [...]

Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty (‘SHAC’) & Ors [2009] EWHC 2716 (QB) (30 October 2009)

Protesting for Animal Rights and the Right to Freedom of Expression and Assembly Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty (‘SHAC’) & Ors [2009] EWHC 2716 (QB) (30 October 2009) The High Court of England and Wales refused to grant amendments to an interim injunction that would have prevented animal rights [...]

Secretary to the Department of Justice v AB [2009] VCC 1132 (28 August 2009)

Interpretation and Limitation of Rights in relation to Extended Supervision of Sex Offender Secretary to the Department of Justice v AB [2009] VCC 1132 (28 August 2009) The Victorian County Court has handed down a decision which considers in some detail the application of the interpretative obligation in the Victorian Charter of Human Rights and [...]

Wood v Commissioner of Police for the Metropolis [2009] EWCA Civ 414 (21 May 2009)

Surveillance of Protests and the Right to Privacy Wood v Commissioner of Police for the Metropolis [2009] EWCA Civ 414 (21 May 2009) The England and Wales Court of Appeal has held that the police taking photographs of an individual in a public space (and retaining those photographs) breached that individual’s right to privacy under [...]

Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23 (05 February 2009)

Protest and the Right to Freedom of Expression and Peaceful Assembly Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23 (05 February 2009) The England and Wales Court of Appeal has held that bylaws which prohibited camping in the vicinity of the Atomic Weapons Establishment at Aldermaston (‘the AWE’) were an unlawful interference [...]

Austin & Anor v Commissioner of Police of the Metropolis [2009] UKHL 5 (28 January 2009)

Police Powers, Crowd Control and the Right to Liberty and Protest Austin & Anor v Commissioner of Police of the Metropolis [2009] UKHL 5 (28 January 2009) In this case, the House of Lords dismissed an appeal by a woman claiming that her right to liberty was breached as a result of police crowd control [...]

Galstyan v Armenia [2007] ECHR 26986/03 (15 November 2007)

The European Court of Human Rights has recently considered the content and application of the rights to freedom of peaceful assembly and association, holding that ‘the right to freedom of assembly is a fundamental right in a democratic society’ and that any exceptions to the right ‘must be narrowly interpreted and the necessity for any [...]

Balçik v Turkey [2007] ECHR 25/02 (29 November 2007)

This decision considered the extent to which it is permissible for a state to limit the right to freedom of peaceful assembly and association in the context of a public demonstration. Detailed case note.

Makhmudov v Russia [2007] ECHR 35082/04 (26 July 2007)

The European Court of Human Rights has considered two cases in which it held that the relevant State party had interfered with the right to freedom of peaceful assembly in art 11 of the European Convention of Human Rights.  That right is protected by s 16(1) of the Victorian Charter.  In both cases, domestic law [...]

Bukta v Hungary [2007] ECHR 25691/04 (17 July 2007)

The European Court of Human Rights has considered two cases in which it held that the relevant State party had interfered with the right to freedom of peaceful assembly in art 11 of the European Convention of Human Rights. That right is protected by s 16(1) of the Victorian Charter. In both cases, domestic law [...]

Baczkowski & Ors v Poland [2007] ECHR 1543/06 (3 May 2007)

The European Court of Human Rights has found that Poland violated its obligations to protect the right to freedom of assembly as a result of a failure to facilitate and accommodate a protest regarding discrimination against minority groups. Detailed case note.