Article 11

The unwarranted dissolution of a demonstration without warning for the dissolution and the unjustified use of force violated the right to freedom of assembly

JUDGMENT Ter-Petrosyan v. Armenia 25.04.2019 (no. 36469/08) see here SUMMARY Right to assembly. Dissolving the demonstration led by the former Armenian President and opposition leader. The protest was about  election fraud. According to the ECtHR, the right to freedom of assembly was violated, since the dissolution was unjustified, there was no warning for its dissolution […]

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Victory for the LGBT community against bans on public events in Russia.

JUDGMENT  Alekseyev and others v. Russia 27.11.2018 (no. 14988/09 and 50 applications) see here SUMMARY  The case, which brought together 51 applications from seven applicants, concerned the continued refusal by Russian authorities to approve organisers’ requests to hold LGBT rallies. The Court found that this case was relevantly similar to the case of Alekseyev v. […]

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Dismissal of a train driver who went on strike led to a violation of his right of association

JUDGMENT  Ognevenko v. Russia 20.11.2018 (no.  44873/09) see here SUMMARY  The case concerned Mr Ognevenko’s dismissal as a train driver for disciplinary breaches, including taking part in a strike. The Court noted that train drivers and some other types of railway worker were included in occupations which were prohibited from striking. That restriction had not […]

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The police dissolution of university professors’ protest at the Rector’s office was necessary to prevent public unrest.

JUDGMENT Tuskia and others v. Georgia 11.10.2018 (no. 14237/07) see here SUMMARY Teachers’ protest at the Rector University office and police intervention. Dissolving the protest, administrative prosecutions and imposing fines on teachers. The Court held that the removal of the applicants from the Rector’s office was not disproportionate, since the protest could take place in […]

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Court rejects complaint about restrictions on the right to strike and compulsory arbitration

JUDGMENT Association of Academics v. Iceland 07.06.2018 (no. 2451/16) see here SUMMARY  The case concerned restrictions on the right to strike and the introduction of compulsory arbitration. Relying on Article 11 of the European Convention on Human Rights, the applicant association, which represented 18 of its member unions, many in the health-care sector, complained that […]

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Prohibition of a protest for wage cuts violates the right of assembly

JUDGMENT United Trade Union Civil Union and Csorba v. Hungary 22.5.2018 (no. 27585/13) see here   SUMMARY  Prohibition of a protest demonstration regarding planned wage cuts for airport workers. Infringement of Article 11 (freedom of assembly) of the European Convention because the ban on the demonstration constituted a disproportionate interference with the applicants’ rights. PROVISION  Article 11 PRINCIPAL FACTS  […]

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Religious organizations have the right to freedom of assembly

JUDGMENT  Bektashi Community and others v. “the former Yugoslav Republic of Macedonia” 12.04.2018 (νο. 48044/10, 75722/12 and 25176/13) see here SUMMARY  Religious Union has demanded recognition of its continued legal status under the new legislation and its request was rejected by the national courts. Infringement of Article 11 (freedom of assembly) in the light of Article […]

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αστυνομική βία

The total prohibition of protest violates the right of assembly

JUDGMENT  Chumak v. Ukraine 6.3.2018 (no. 44529/09) see here SUMMARY  Protests of indefinite duration outside an official building. The aim was the protest about the social and economic situation in the region. An interruption of the protest by the city council and a court order to ban the protests in the city altogether. Unreasonable limitation […]

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Placement of a 13-year-old in pre-trial detention for participating in a demonstration: violation of the Convention

JUDGMENT  Agit Demir v. Turkey 27.02.2018 (no. 36475/10) see here SUMMARY  Arrest and temporary detention of a 13-year-old teenager to take part in a demonstration and to throw stones at security forces during the demonstration. The proposed alternative measures for the minor were not implemented. Illegal detention and violation of the right to liberty and security. […]

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