Category: Article 11 | Freedom of Association

Democracy Village: Peaceful protest under human rights law

3 June 2010 by Adam Wagner

Brian Haw

The Coalition Government have promised to “restore the right to non-violent protest”, but Boris Johnson, the Mayor of London, is bringing court proceedings to evict protesters from Parliament Square. What are the human rights implications?

During the build-up to last month’s General Election, a number of protesters erected tents and flags in Parliament Square, a green outside the Houses of Parliament. The protesters still remain and have named the site “Democracy Village”. Brian Haw, famous for his protests against the Iraq war, is amongst the protesters.

Now Boris Johnson, the Mayor of London, has decided that enough is enough and is to institute trespass proceedings against the protesters. The BBC quotes a spokesman for Mr Johnson, who said “The mayor respects the right to demonstrate, however the scale and impact of the protest is now doing considerable damage to the square and preventing its peaceful use by other Londoners, including those who may wish to have an authorised protest.“

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The British Airways strike and the human right to free assembly [updated]

18 May 2010 by Adam Wagner

British Airways Plc v Unite the Union Queen’s Bench Division, 17 May 2010 – Read judgment

Update (07/06/20) – this decision was reversed by the Court of Appeal on 20/05/10. We will comment on the Court of Appeal decision when it is available.

The High Court has granted an injunction for the second time in 6 months against a strike planned by British Airways cabin crew, scheduled to begin today. Those who had trips planned will be delighted, but the Unite trade union who represented the workers have called the decision a “landmark attack on free trade unionism and the right to take industrial action” and are to appeal the judgment.

The union argued that a recent series of similar injunctions against strike action ran foul of the Human Rights Act 1998. Article 11 of the European Convention on Human Rights grants the right to freedom of assembly. However, the right can be restricted in certain limited circumstances, as it was in this case.

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