European Convention on Human Rights — Articles 10, 11 (Expression and Assembly)

Summary

Article 10 ECHR protects freedom of expression including freedom to hold opinions, receive and impart information. Article 11 protects freedom of peaceful assembly and association. Restrictions must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society. The ECtHR has established a strong body of case law on protest rights, political speech, and association, including in terrorism contexts.

Relevance to the diaspora

ECHR Arts 10 and 11 apply to Tamil diaspora members in all Council of Europe states (UK, Germany, France, etc.); ECtHR jurisprudence constrains over-broad counter-terrorism restrictions on Tamil political activity; cases like Öcalan v. Turkey and Incal v. Turkey address limits on political speech in terrorism contexts.

Key provisions

• Art. 10(1) — freedom of expression
• Art. 10(2) — permissible restrictions: prescribed by law, necessary in democratic society
• Art. 11(1) — freedom of peaceful assembly and association
• Art. 11(2) — restrictions: only as necessary in a democratic society for prescribed aims
• HRC General Comment 37 (2020) — Art. 21 equivalent guidance

Primary source

Related entries

• → Human Rights Act 1998 (UK)
• → ICCPR Articles 19, 21, 22 — Expression, Assembly and Association (UN)
• → UN Declaration on Human Rights Defenders 1998 (UN)