Article 11 ECHR
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Article 11 ECHR
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". Case law *'' 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'' 002ECHR 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'' [2008ECHR 1345 See also *European Convention on Human Rights *European labour law *UK labour law *German labour law German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) * Fre ...
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Freedom Of Assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. The right to freedom of association is recognized as a human right, a political right and a civil liberty. The terms ''freedom of assembly'' and ''freedom of association'' may be used to distinguish between the freedom to assemble in public places and the freedom to join an association. Freedom of assembly is often used in the context of the right to protest, while freedom of association is used in the context of labor rights and in the Constitution of the United States is interpreted to mean both the freedom to assemble and the freedom to join an association. Human rights instruments Freedom of assembly is included in, among others, the following human rights instruments: * Universal Declaration of Human Rights – Article 20 * Int ...
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ASLEF V United Kingdom
''Associated Society of Locomotive Engineers and Firemen v United Kingdom'' 007ECHR 184was a landmark case before the European Court of Human Rights and upheld the right of Associated Society of Locomotive Engineers and Firemen">ASLEF, a British trade union, to be able to choose its members. Facts The Associated Society of Locomotive Engineers and Firemen (ASLEF) is an independent trade union representing mainly train drivers employed on the UK railways. One of ASLEF's aims is, In 1978, ASLEF's governing body, the Annual Assembly of Delegates, passed a resolution to campaign against and "expose the obnoxious policies of political parties such as the National Front" (NF). In February 2002, Jay Lee, a member of the British National Party (BNP)—which had grown from the NF—joined ASLEF. In April 2002, Lee stood as a candidate for the BNP in the Bexley local elections. On 17 April 2002, an ASLEF officer sent a report on Lee to the union's General Secretary, including ...
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Article 11 Of The European Convention On Human Rights
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". Case law *''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'' 002ECHR 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'' [2008ECHR 1345 See also *European Convention on Human Rights *European labour law *UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts ...
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German Labour Law
German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) * Free Association of German Trade Unions (1897–1919) *Weimar Constitution 1919 *Betriebsrätegesetz 1920 *Allgemeiner Deutscher Gewerkschaftsbund (1919–1933) *Free Workers' Union of Germany (1919–1933) * Arbeitsordnungsgesetz of 1934 *German Labour Front, the nationalised Nazi controlled union (1933 to 1945) *Strength Through Joy * Council of Trust and Factory leader *Confederation of German Trade Unions (est 1949) *Mitbestimmungsgesetz 1976 Courts and constitution *'' Grundgesetz'' (1949) "Article 9 (Freedom of association). (1) All Germans have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The ri ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can vote for the directors of the ...
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European Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultat ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors ...
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Demir And Baykara V Turkey
''Demir and Baykara v Turkey'' 008ECHR 1345is a landmark European Court of Human Rights case concerning Article 11 ECHR and the right to engage in collective bargaining. It affirmed the fundamental right of workers to engage in collective bargaining and take collective action to achieve that end. Facts Mr Vemal Demir was a member, and Mrs Vicdan Baykara was the president, of the Turkish trade union for civil servants, Tüm Bel Sen. The union signed a two-year collective agreement in 1993, but the employer, the Gaziantep Municipal Council did not comply with its provisions. Demir and Baykara brought proceedings in the District Court, and won their claim. However, on appeal the Court of Cassation quashed the decision. This Court held there was a right to join a union, but the union itself had "no authority to enter into collective agreements as the law stood". The matter was then remitted to the District Court, which in defiance restated its view that Demir and Baykara did have a r ...
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Church Of Scientology Moscow V Russia
The ''Church of Scientology Moscow v Russia'' [2007ECHR 258is a European Court of Human Rights case, concerning Article 11 of the European Convention on Human Rights, Article 11 of the Convention. In the case the European Court of Human Rights in Strasbourg condemned Moscow City Government's refusal to consider the Church of Scientology of Moscow for registration as a religious organisation,European Court of Human Rights first sectioJudgment on Application no. 18147/02 by CHURCH OF SCIENTOLOGY OF MOSCOW against Russia(18 April 2007)Court press release here Retrieved 2007-04-18. and as a result found that Russia had violated the rights of the Church of Scientology under Articles 11 (the right to freedom of association) when "read in the light of Article 9 of the European Convention on Human Rights, Article 9" (the right to freedom of religion). Specifically, the Court determined that, in denying consideration of registration to the Church of Scientology of Moscow, the Moscow autho ...
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Freedom Of Association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organizat ...
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