In the United Communist Party of Turkey v Turkey, the court confirmed that the guarantee applied to political parties. The party was dissolved because of the word Communist and a claim to refer to the Turkish and Kurdish nations in its manifesto. Its objectives were political and non-violent, and the court found the dissolution to breach Article 11.<\/p>\n
In Refah Partsi v Turkey a party which had been in the coalition government with 22% of the national vote the largest party proposed to form a separate legal system based on religious belief and to establish Islamic law as a system of law. The dissolution of the party was upheld.<\/p>\n
A political party may promote a change in the legal and constitutional structures of the state on conditions; firstly, the means used to that end must be legal in a democratic society; secondly, the changes proposed must be compatible with fundamental democratic principles. It necessarily follows that a political party whose leaders incite violence and put forward a policy which fails to respect democracy and is aimed at the destruction of the democracy and the voting rights and freedoms recognised in a democracy cannot claim Convention\u2019s protections against penalties imposed on those grounds.<\/p>\n
In view of the very clear link between the Convention and democracy, no one must be authorised to rely on the Convention’s provisions in order to weaken or destroy the ideals and values of a democratic society. Pluralism and democracy are based on a compromise which requires various concessions by individuals or groups of individuals who must sometimes agree to limit some of the freedoms they enjoy in order to guarantee greater stability for the country as a whole.<\/p>\n
In Piroglu &Karakaya v Turkey the applicant was convicted after refusing to annul membership of 13 members of a branch of a human rights Association. The members had been taken into custody but had not been charged or convicted. The European court held there was no legitimate reason requiring the dissolution of the Association.<\/p>\n
In Batasuna v Spain a party was dissolved on the basis it pursued undemocratic objectives. The court indicated that justification depended on whether there was plausible evidence that the risk to democracy supposing it had been proved to exist was sufficient and reasonably imminent and whether the \u2026 picture of society conceived and advocated by the party was incompatible with the concept of a democratic society. The court accepted evidence linking the party to an organisation which committed acts of political violence and accepted that in the state’s ability to dissolve the party.<\/p>\n\n
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Overview Freedom of association includes the right to associate and not to associate. Associations may include trade unions, political parties and other organisations. Public law bodies regulating the conduct of professions are not associations for the purposes of the guarantee. States may require associations to register. However, refusal of registration must be justified.\u00a0\u00a0 In Sidiropoulos […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[350],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22884"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22884"}],"version-history":[{"count":12,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22884\/revisions"}],"predecessor-version":[{"id":23550,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22884\/revisions\/23550"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22884"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22884"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22884"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}