The scope of protection

Article 11 of the ECHR does not secure any particular treatment of trade unions and their members. Nevertheless, this provision of the Convention imposes an obligation on States to protect rights that are indispensable for the effective enjoyment of trade union freedom. These essential rights also include the right of trade unions to be registered in order to be able to carry out the activities protected by Article 11 of the ECHR.¹⁶⁸⁹ This freedom also protects collective measures, such as the strike, which are necessary in the realisation of the interests of workers’ associations. The right to a strike is derived from the workers’ freedom of association and assembly. In the legal system of BiH, a worker or a group of workers are not entitled to the said right but workers’ associations (primarily trade unions), entitled to represent workers, enjoy the protection. Such associations promote workers’ economic and social interests as well as workers’ individual interests.¹⁶⁹⁰

Under Article 11 of the ECHR, a State has a positive obligation to take reasonable and appropriate measures aimed at the effective exercise of the rights secured by Article 11 of the ECHR. Thus, a State has to take measures to protect lawful demonstrations from violence by counter demonstrators, although the authorities cannot guarantee a successful outcome and have wide discretion as to the means to be used. In so doing, a State enjoys a wide margin of appreciation, which means that a State, in selecting and in implementing such measures, must have certain discretionary powers.¹⁶⁹¹