МЕЂУНАР0ДНИ СТАНДАРДИ ПРАВА НА СЛОБОДУ МИРНОГ ОКУПЉАЊА И УДРУЖИВАЊА
INTERNATIONAL STANDARDS OF THE RIGHT TO FREEDOM OF PEACEABLE ASSEMBLING AND ASSOCIATING

Summary/Abstract: The right to freedom of peaceable assembling and associating, including the right to form trade unions are elementary human rights which should be the basis of every democratic society. These freedoms are protected also by the European Human Rights Convention (article 11). On the ground of the Convention the European Commission and the European Human Rights Court have been established and their jurisdiction and relevant practice have developed some standards of protection of the above rights. In the practice of the Commission and of the Court in several cases the issues have been elaborated of the degree of intervention by the State in protecting the right to peaceable assembling, namely of the regime of permission for all kinds of public meetings. Also dealt with was the issue of positive obligations of the State to provide the protection of the right to peaceable assembling. Both institutions found that the State had to take certain measures, especially in cases of counter-demonstrations endagering mentioned right. Freedom of association, although traditionally a political right, is protected by article 11 of the Convention as a social right, because it expressly includes the right to join a trade union. Some answers were revealed through the above practice as to the subject of enjoying such protection and the basic trade union rights. Also relevant are the right to form a trade union organization and the fiinctionning of the trade union as an association. Finally, the author discusses the issue of comparative analysis of international instruments serving to the Commission and the Court in their implementation of article 11, and more particularly the limits of these right - otherwise provided in paragraph 2 of mentioned article.

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