ECHR Article 11, Freedom of Association
I am brought to consider Article 11, of the ECHR and “Freedom of Association”. The second thing totalitarian parties do is register, regulate and then ban opposition political parties. And so I am concerned about the over-regulation of political parties. Here as ever are my notes.
Article 11 of the Convention
- 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.
The Universal Declaration equivalent is Article 20.
This applies to both Trade Unions and Political Parties,
Parties must have protection against officious and malicious state regulation. What literature is there on this? I have found this:
- The Legal Regulation of Political Parties Promoting Electoral Integrity by Anika Gauja which looks like the forward to a symposium write up, she promises more; I need to find it. Gauja, Anika. (2016). The Legal Regulation of Political Parties: Promoting Electoral Integrity?. Election Law Journal. 15. 1. 10.1089/elj.2015.0354.