Title
Anti-democratic associations: content and consequences in article 11 adjudication Anti-democratic associations: content and consequences in article 11 adjudication
Author
Faculty/Department
Faculty of Law
Publication type
article
Publication
Utrecht ,
Subject
Law
Source (journal)
Netherlands quarterly of human rights. - Utrecht
Volume/pages
22(2004) :4 , p. 585-601
ISSN
0924-0519
vabb
c:vabb:150304
Carrier
E
Target language
English (eng)
Affiliation
University of Antwerp
Abstract
This article wishes to address the position of anti-democratic political parties under Article 11 of the European Convention on Human Rights. More precisely, it offers an analysis of Refah Partisi (The Welfare Party) and others vs Turkey, a case in which the European Court of Human Right developed a full-scale test for assessing far-reaching interference with the right to freedom of association of political parties. It seeks to set the Refah ruling in the context of the Convention organs freedom of expression case-law. The central claim is that the Refah Court adopted a standard which is both content and consequences-based. As a result, the Courts Article 11 adjudication bears resemblance to the United States Supreme Courts First Amendment jurisprudence. The article concludes that such a partially American approach is justified with regard to the Convention rights of anti-democratic parties.
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