June 1st, 2010 by admin

Freedom of assembly is often used interchangeably with freedom of association and refers to the right of citizens to collectively express (often via public demonstration) their collective view on a particular issue. The term freedom of association is also used in the context of employee activism in that the term describes a person’s right to join a trade union. However, the right to join a trade union does not apply to everyone. Police officers, soldier and some groups working for the Government cannot join a trade union. Also, the right to freedom of association extends much further than membership of trade unions and includes membership of other political, religious and social groups.
The rights of freedom of assembly and association are protected under the Human Rights Act 1998 and the European Convention on Human Rights – in particular Article 11. The law states that you can demonstrate in accordance with your rights of freedom of assembly as long as the demonstration is within the law and does not conflict with national security interests and public safety.

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Article 11 also allows you to associate with other people of a similar view which can include the right to form a political party. The Article also conversely does not force anyone to join a union or political party at the will of the state. You should be aware that the rights afforded to citizens by Article 11 are what are known as qualified rights. This means in practice that the state can interfere with your rights of freedom of assembly if the interference is in accordance with the law. The limited situations in which the state can interfere are detailed in the provisions. Interference by the state would only be lawful if it is in the pursuit of a legitimate aim. There are six legitimate aims that include: ‘the prevention of disorder or crime’ and ‘the protection of the rights and freedoms of others’. In addition, the interference must be shown to be ‘necessary in a democratic society.’ The state must show good reason to interfere with a person’s rights of freedom of assembly, and if there is an alternative course of action that could be followed, this should be actively pursued.
If you think that your rights to freedom of assembly and association have been breached you should speak to a European law solicitor or a human rights solicitor. Alternatively, if it is in relation to your employment you should seek advice from an employment solicitor.