Freedom of Association at the echr: a Right in Service of Democracy

What is it about?

This article lays out how the right to freedom of association is protected by the European Court of Human Rights interpreting Article 11 of the European Convention on Human Rights. Part I considers how the Court defines “associations” and how it has developed three component aspects of the right: the right to form associations, the right not to be forced to join an association, and the right of the association to organisational autonomy. Part II outlines the volume and types of disputes that arise, as well as the relationship between freedom of association and other fundamental rights such as freedom of expression. Part III reflects on the rationales that the European Court of Human Rights offers for why the right to freedom of association is important, focusing in particular, on its insistence that the right to freedom of association is essential to the proper functioning of democracy.

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