Article 11 - Freedom of assembly and association
All Updates
Cases selected for updating the Case-Law Guide.
Central Unitaria de Traballadores/as v. Spain, no. 49363/20
Ban on a demonstration organised by the applicant trade union for 1 May 2020, during the early stages of the COVID-19 pandemic, despite the participants’ readiness to demonstrate in a convoy of cars and wearing masks and gloves.
Judgment | Legal Summary
Dianova and Others v. Russia, nos. 21286/15 and 4 others
Termination of a five-day hunger strike in a public space and ensuing administrative conviction for participation in an unauthorised “public event”.
Judgment
Andrey Rylkov Foundation and Others v. Russia, nos. 37949/18 and 84 others
Designation of applicant NGOs as “undesirable” not “prescribed by law”, being both unforeseeable and arbitrary.
Judgment
Boronenkov v. Ukraine (dec.), no. 9987/14
A fine of approximately 39 euros imposed on the applicant for having held an unlawful public rally.
Decision
Association of People of Silesian Nationality (in liquidation) v. Poland, no. 26821/17
Dissolution and ordering of the liquidation of the applicant association using “Silesian Nationality” in its title.
Judgment
Humpert and Others v. Germany [GC], nos. 59433/18, 59477/18, 59481/18 and 59494/18
Disciplinary sanctions on teachers with civil-servant status for participating during their working hours in strikes organised by their trade union, in breach of the constitutional ban on civil servants striking.
Judgment | Legal Summary
Laurijsen and Others v. the Netherlands, nos. 56896/17 and 4 others
Applicants’ arrest and conviction for participating in a protest against the preannounced eviction of a squatted building.
Judgment | Legal Summary
Internationale Humanitäre Hilfsorganisation e. V. v. Germany, no. 11214/19
Proscription of applicant association, entailing its dissolution and asset confiscation, due to considerable financial donations to charitable societies linked to the terrorist organisation Hamas.
Judgment | Legal Summary
Kaymak and Others v. Türkiye, no. 62239/12
Disciplinary sanctions imposed on civil servants for having set up a stand at a university to promote a trade union and distribute leaflets.
Judgment
Kazan v. Türkiye, no. 58262/10
Decision ordering the applicant to pay, jointly with 45 other individuals, damages to reimburse medical expenses paid to police officers injured during a demonstration, despite being acquitted in criminal proceedings.
Judgment
Pivkina and Others v. Russia (dec.), nos. 2134/23 and 6 others
Any restrictive measure taken against an applicant in connection with his or her expressive conduct constitutes an interference with his rights.
Decision | Legal Summary
Chkhartishvili v. Georgia, no. 31349/20
Custodial sentence imposed on an activist following his arrest at a peaceful demonstration.
Judgment
Hoppen and trade union of AB Amber Grid employees v. Lithuania, no. 976/20
Alleged discriminatory dismissal of trade union leader on grounds of his union activities. |
Peradze and Others v. Georgia, no. 5631/16
Applicants’ arrest and conviction for an administrative offence of disorderly conduct during public demonstration, namely holding banners with a lewd slogan.
Judgment
Çiçek and Others v. Türkiye, nos. 48694/10 and 4 others
Conviction and prison sentencing for taking part in demonstrations with clashes. Applicability and merits.
Judgment
Makarashvili v. Georgia, nos. 23158/20 and 2 Others
Arrest and sanctioning for refusal to free road leading to Parliament entrances. Applicability and merits.
Judgment
Association of Civil Servants and Union for Collective Bargaining v. Germany, nos. 815/18 and 4 others
Legislation regulating trade union collective agreements.
Judgment | Legal Summary
Ecodefence and Others v. Russia, nos. 9988/13 and 60 others
Application of Foreign Agents Act to non-governmental organisations and their directors.
Judgment | Legal Summary
Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others
Policy of intolerance by authorities against Jehovah’s Witnesses.
Judgment
Straume v. Latvia, no. 59402/14
Reprisal measures and dismissal in reaction to a letter signed as trade-union chair on behalf of the Trade Union.
Judgment | Legal Summary
Yeşiller ve Sol Gelecek Partisi v. Turkey, no. 41955/14
Political party refused to hold a congress in certain towns.
Judgment | Legal Summary
Vlahov v. Croatia, no. 31163/13
Criminal conviction of trade union representative for not admitting would-be members to join.
Judgment | Legal Summary
Bumbeș v. Romania, no. 18079/15
Activist fined for a short and peaceful gathering, without prior notice, after handcuffing, with three other persons, to a government barrier in protest against a mining project.
Judgment | Legal Summary
Silgir v. Turkey, no. 60389/10
Prison sentence for having brandished a poster with a photograph of A. Öcalan during a march along an unauthorised route.
Judgment
Ekrem Can and Others v. Turkey, no. 10613/10
Non-violent protest in a courthouse disturbing the orderly administration of the public service.
Judgment | Legal Summary
Barış and Others v. Turkey (dec.), nos. 66828/16 and 31 others
Applicability: a strike action undertaken outside trade union activity.
Decision | Legal Summary
Yakut Republican Trade-Union Federation v. Russia, no. 29582/09
Applicability: working prisoners and the right to join and form trade unions.
Judgment | Legal Summary
Yefimov and Youth Human Rights Group v. Russia, nos. 12385/15 and 51619/15
Requirement to remove person suspected of an extremist offence from participation in the applicant association and subsequent dissolution.
Judgment | Legal Summary
Centre of Societies for Krishna Consciousness in Russia and Frolov v. Russia, no. 37477/11
Refusal to allow peaceful public religious events.
Judgment | Legal Summary
Barseghyan v. Armenia, no. 17804/09
Reliance on situation in capital to justify a blanket ban on assembly in another city.
Judgment
Savenko and Others v. Russia, no. 13918/06
Dissolution of an association for non-compliance with formal requirements and refusal to register a political party.
Judgment
Norwegian Confederation of Trade Unions (LO) and Norwegian Transport Workers’ Union (NTF) v. Norway, no. 45487/17
Ruling finding union boycott unlawful under EEA law. Applicability and merits.
Judgment | Legal Summary
Association ACCEPT and Others v. Romania, no. 19237/16
Disruption of a film screening rescheduled for a later date by the applicant association.
Judgment | Legal Summary
Shmorgunov and Others v. Ukraine, nos. 15367/14 and 13 others
Deliberate strategy to stop initially peaceful protest through excessive force resulting in escalation of violence and multiple abuses by non-State agents hired by police. Applicability and merits.
Judgment | Legal Summary
Croatian Golf Federation v. Croatia, no. 66994/14
Dissolution of applicant association due to bankruptcy proceedings against it, despite agreement in those proceedings to restructure, preserve and continue its activities.
Judgment
Berkman v. Russia, no. 46712/15
Police failure to ensure LGBTI event disrupted by counter-demonstrators proceeded peacefully, in breach of State’s positive obligations.
Judgment | Legal Summary
Navalnyy and Gunko v. Russia, no. 75186/12
Arrest and conviction for administrative offences during a rally.
Judgment
The Religious Denomination of Jehovah’s Witnesses in Bulgaria v. Bulgaria, no. 5301/11
Measures by municipality and court decisions preventing construction of a house of worship on its own land.
Judgment
Zakharov and Varzhabetyan v. Russia, nos. 35880/14 and 75926/17
Police brutality against peaceful participants of a political rally.
Judgment | Legal Summary
Ayoub and Others v. France, nos. 77400/14 and 2 others
Dissolution of a paramilitary-type far-right association following violence and public-order disturbances by its members.
Judgment | Legal Summary
Laguna Guzman v. Spain, no. 41462/17
Protestor injured during forceful police dispersal of informal gathering after demonstration.
Judgment
Yordanovi v. Bulgaria, no. 11157/11
Criminal proceedings vis-à-vis attempt to set up political party on religious basis.
Judgment | Legal Summary
Adana TAYAD v. Turkey, no. 59835/10
Dissolution of an association, on the grounds of illegal activities of certain members of its board of directors, before final decision on those offences.
Judgment
Hakim Aydın v. Turkey, no. 4048/09
Unlawful detention following a number of peaceful public events in a campaign for the use of mother tongue in education.
Judgment
Kemal Çetin v. Turkey, no. 3704/13
Criminal conviction of the organiser of a demonstration for the actions of certain participants.
Judgment
Ignatencu and the Romanian Communist Party (PCR) v. Romania, no. 78635/13
Refusal to register a political party declaring itself as the successor to the communist party dissolved in 1989 for imposing a totalitarian regime.
Judgment | Legal Summary