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CELE SQE1 模拟练习

Examination Timing: 00H02M03S

A government department has recently been created to tackle the rising terrorist threat in the UK. The civil servants working within the new department (‘the Staff’) are involved in the handling of secret material relevant to national security and have been selected from existing civil service employees.

All the Staff brought into the new department were existing members of the largest national civil service trade union (‘the Union’). Six months into their new posts, after an escalation in industrial action by some civil service trade unions, the Staff are told that they have been banned from being members of the Union with immediate effect. No consultation with either the Staff or the Union has taken place. The Union did not participate in the recent industrial action. 

The Staff wish to bring a claim under the Human Rights Act 1998, alleging that their Article 11 rights to freedom of assembly and association, as enshrined within the European Convention on Human Rights, have been infringed. 

Which of the following statements represents the best advice to the Staff about the protection offered by Article 11?

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Article 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form and join trade unions. However, these rights are qualified, meaning they can be restricted under certain circumstances. The exercise of Article 11 rights may be subject to restrictions that are necessary in a democratic society in the interests of national security, public safety, the prevention of disorder or crime, the protection of health or morals, or the protection of the rights and freedoms of others. In this scenario, the government’s action to ban the Staff from being members of the Union could be justified if it is deemed necessary for national security, given their involvement with secret material.

Key Point: This question addresses the nature of qualified rights under the European Convention on Human Rights, specifically Article 11. It is crucial to understand the conditions under which these rights can be lawfully restricted, particularly in contexts involving national security and public safety.



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