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".
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 as are 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.
Case law
[edit]- Communist Party of Germany v. the Federal Republic of Germany (1957)
- Plattform "Ärzte für das Leben" v. Austria (1988)
- Vogt v Germany (1995)
- Wilson and Palmer v United Kingdom [2002] ECHR 552
- Yazar, Karatas, Aksoy and Hep v Turkey (2003) 36 EHRR 59
- Church of Scientology Moscow v Russia (2007)
- ASLEF v United Kingdom (2007)
- Bączkowski v Poland (2007)
- Demir and Baykara v Turkey [2008] ECHR 1345