Introduction

Article 11 of the ECHR guarantees the right to freedom of assembly and association. In principle, this human right secures two types of freedom. On the one hand, it relates to political and democratic freedoms, which are closely associated with the freedom of expression protected under Article 10 of the ECHR. Actually, it concerns the right to protest and the right to become a member of a political party. On the other hand, it involves the fundamental rights arising from labour relations; it primarily implies the right to join a trade union or the right to refuse to be a member of such an association.¹⁶⁸⁶ These freedoms have a special place within the system of the ECHR, as they are a very important element in building a democratic society.¹⁶⁸⁷ Although this freedom is guaranteed in many constitutions, there are considerable differences in the practical application thereof. A level of democracy may, to a large extent, dictate the exercise of this right in practice.¹⁶⁸⁸ Freedom of assembly and association is subject to certain restrictions (paragraph 2), as are any other freedoms enumerated in Articles 8 through 11 of the ECHR.