TY - JOUR
T1 - Freedom of Association at the echr
T2 - A Right in Service of Democracy
AU - Cahill, Maria
N1 - Publisher Copyright:
© Maria Cahill, 2024. Published with license by Koninklijke Brill BV.
PY - 2025
Y1 - 2025
N2 - 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.
AB - 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.
KW - European Convention on Human Rights
KW - freedom of association
KW - freedom of expression
KW - human rights
KW - international law
UR - https://www.scopus.com/pages/publications/85210365634
U2 - 10.1163/22134514-bja10079
DO - 10.1163/22134514-bja10079
M3 - Article
AN - SCOPUS:85210365634
SN - 2213-4506
VL - 12
SP - 124
EP - 140
JO - European Journal of Comparative Law and Governance
JF - European Journal of Comparative Law and Governance
IS - 1-2
ER -