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.: Article 11: Freedom of association and assembly......This protects the right to protest peacefully by holding meetings and demonstrations. It also. Means that the police may have to act to protect people holding a meeting or demonstration from anyone trying to stop it. Article 11 protects the right to form or join a political party or other group, and the right to belong to a trade union. But the right to join a trade union doesn't include police officers, soldiers and some other groups who work for the Governmental. Article 11 also guarantees the right not to have to join a union. Article 11 is a 'qualified' right. This means it can be broken in some circumstances, as long as the Government or the public authority that breaks the right can show that this is justified. They have to show that there is a clear legal basis for doing so. Their actions must pursue one of the five aims set out in Article 1 1, which include preventing disorder or crime, and protecting other people's rights. They also have to show that breaking the right was 'necessary and proportionate' (that it was done for a good reason and went no further than was necessary). At the moment, English law allows the police to restrict demonstrations or to ban them. People may use Article 11 to challenge these restrictions on the basis that they go too far and are unnecessary. .: Article 12: Right to marry and found a family......This gives men and women the right to marry, as long as they are old enough at the moment, it does not include same-sex couples or trans gender people. The right to 'found a family' may apply only to people who are married. If it does, people who are not married will have to rely on the right to respect for family life under Article 8 to argue for their right to have children. .: Article 14: Prohibition of discrimination......This includes many types of discrimination, including sex, race, religion and political opinion, but says that these are not the only ones that are covered by the Article. The European Court of Human Rights has accepted that the Article covers discrimination because someone is illegitimate, unmarried, a prisoner, or gay or lesbian. It's also likely that the courts will accept that this also covers discrimination against someone because they are disabled. Article 14 does not give general rights against discrimination, but you can use it where another Article of the Convention is used. For example, men who have been widowed have used Article 14(together with Protocol 1 Article 1), to argue that benefits which were paid to women when their husbands died should also be paid to men when their wives died. They are able to use Article 14 because benefits can count as property for the purposes of Protocol 1 Article 1. Sometimes public authorities can justify discrimination if there is a good reason for treating certain people differently. |
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