} COUNCIL OF EUROPE CONSEIL DE L’ EUROPE Strasbourg, 16th August, 1956 Confidential DE U \ or. Fre 7H EUROPEAN COMMISSION OF HUMAN RIGHTS ao PREPARATORY WORK ON ARTICTE 12 ? HE-RUROPEAN CONVENTION ON EUMAN RIGHTS PT Information Document prepared by the Secretariat of the Conmisston 1. Article 11 of the Buropean Convention on Human Rights 13 worded as follows: : Article 11 t "(1) Everyone has the right to freedom of peaceful aseambly and to freedom of association with otherss seeGuaing the right to form and to join trade unions for the protection of his interests. W(S)"No restrictions shall be placed on the, oxereise of Co teexe eights other than such as are prescribed by ley and are necessary ina democratic society in ‘the interests of are noccessounity or public safoty, for the prevention of netgeder or crime, for the protection of health or morals disorder, oF rotsepion of the rights and freedoms of others. or eer biel shell not prevent tho imposition of lavful restrictions on the exercise of these vights by members of restr eta forees, of the police or of the administration of the State." A.28,905. ° ae TE. Al-2- DA (56) 16 2, Tho Universel Declaration of Human Rights, adopted on loth December, 1948, by the General assembly. of the United Nations, includes an Article 20 and an Article 25, pare. hy worded as follows: Article 20. "(1) Everyone has the right to freedom of peaceful agsombly ana association, (2) No one may be compelled to belong to an association, article 23 Everyone has the right to form and join trade unions for the protection of his interests". 3, In August 1949, whon the Consultative Assembly of the Council of Europe had obtained the inclusion in its Agenda of imeasures for the fulfilment of the declared aim of the Sguneil of Europe, in accordance with Article 1 of the Statute, in regard to the safeguarding and further ypealisation of Human Rights and Fundamental Freedoms", M, Teitgen, the Rapporteur, leid before the Committee on Legal and Admini aeeeeive Questions certain proposals including, in particular, this passage (1): ‘the Convention and the procedure to be determined later vy the Committee will guarantee the fundamental rights aud freedoms liated below to every person residing within the metropolitan territory of a Member Statet "Ppeedom of mesting, as laid down in Article 20 of the Declaration of the United Nations. "Ppeedom of association, as laid down in Article 20 of the Declaration of the United Nations. "Tne right to combine in trade unions, as laid down in paragraph of Article 23 of the Declaration of the United Nations." (Doc, 4,116) (2). fe BR Translation; original English text unavailable. 3) The drafts of the Suropean Movement, by whigh the Cone Saltative Assembly was considerably influenced (cf, Orfictal Report of the Consultative Assembly, 1949, II, pe 410), pro- Report or the guarantee of "frecdom of assooiation and assembly" (boc. INF/2/8, February 1949, and Doc. INF/5/2/R, article 1 (fr), p.6, June 1949).ma ee DH (56) 16 The Committee adopted these three paragraphs at its meeting on 30th August, 199 (Doc. A.167, De3)e 4, article 2, paras. 7, 8 and 9, of the draft submitted to the Consultative Assembly by the Committee on 5th September, 1949, was worded as follows? “In this Convention, the Member States shall undertake to ensure to all persons residing within their territories: "(7) freedom of assembly, in eccordance with Article 20 of the United Nations Declaration; "(8) freedom of association, in accordance with Article 20 (paragraphs 1 and 2) of the United Nations Declaration; "(9) freedom to unite in trade unions, in accordance with paracrega |, of artiéle 23 of the United Nations Declaration" Doss AS (1) 77, pp.20h and 205; 7. also Doc. A.290, pell)(2). This text did not give rise to any particular discussion in the Assembly and was embodied without change in the Assembly's Recommendation of 8th September, 1949 (Doc. AS (1) 108, Article 2, paras. 7, 8 and 9, p.262). 5. The Comittee of Ministers of the Council of Burope then resolved to entrust the examination of the Assembly's Recommendation to a Committoe of Experts on Human Rights which it had decided to convene (November, 1949). The Committee's terms of reference stated that: "due attention should be paid to the progress which had been achigved in this matter by the competent organs cf the United Nations" (Doc. AS (1) 116, para. 6, pp. 288 and 289). fs (1) Doc, A.290: “All Member States, signatories to the Convention, shall bind themselves to ensure to all persons residing within their territories. 7) Ereedom of meeting...,Article 20 of the Declaration of the United Nations; feclaration ‘of _the United Nations; Declaration of the United Nations."