ii. Necessary in a democratic society

The “necessity” which may justify restrictions on freedoms guaranteed in paragraph 1 of Article 11 of the ECHR is that which may be derived from the notion of “a democratic society”.

In determining whether a “necessity” within the meaning of Article 11, paragraph 2 of the ECHR exists, States have only a limited margin of appreciation as to the possible exceptions set out in that paragraph, and only convincing and compelling reasons can justify such restrictions.¹⁶⁹⁵

Therefore, the Human Rights Chamber did not hold, in the relevant case as well as in general, that the short time-limit of 15 days for registration of the workers’ association, a trade union, after the holding of the founding assembly session was “a necessity” within the mentioned context.¹⁶⁹⁶ Therefore, such a time limit does not provide for the possibility of the effective enjoyment of freedom of association.

Legal prohibitions against strikes spreading to other spheres, which are essential to maintaining the life and work of citizens (for example, public education) may be justified in a democratic society in certain cases.¹⁶⁹⁷