Posts in Case Notes 15- Protest
UK High Court rules amendments to Public Order Act unlawful and upholds protest rights

National Council for Civil Liberties v Secretary of State for the Home Department [2024] EWHC 1181

In an important decision on protest rights in England, the High Court of Justice has found that amendments made by the Secretary of State to the Public Order Act 1986 (‘POA Act’) were unlawful. The amended regulations had the effect of lowering the threshold of police intervention in protests. In its decision, the Court considered four grounds of challenges and accepted two of them. The decision is useful in understanding what is considered to be unlawful and the limitations in circumventing legislative processes.

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Case Notes 15- ProtestTash KhanHousing, Democratic Freedoms
Queensland Supreme Court grants injunction preventing refugee protest on Brisbane's Story Bridge, citing restrictions on freedom of movement

Attorney-General for the State of Queensland v Sri & Ors [2020] QSC 246

On 8 August 2020, the Attorney-General successfully sought a mandatory injunction (court order) in the Supreme Court to prevent a planned sit-in protest organised by a group that advocates for the rights of refugees. The protest was to take place on the Story Bridge, a major traffic route in Brisbane, and be a ‘sit-down and not-move-on assembly’ during which arrests would be expected.

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Case Notes 15- ProtestAnnaFordyceDemocratic Freedoms
High Court of Australia upholds laws that protect people from being accosted and harassed outside abortion clinics

Kathleen Clubb v Alyce Edwards & Anor; John Graham Preston v Elizabeth Avery & Anor [2019] HCA 11 (10 April 2019)

In this landmark decision, the High Court upheld the constitutional validity of safe access zone laws in Victoria and Tasmania, in particular, provisions that prohibit certain communications and protests about abortion within 150 metres of abortion clinics.

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Case Notes 08- Freedom of Expression, Case Notes 15- ProtestGuest UserWomen’s Rights
European Court of Human Rights finds Russia breached human rights of Pussy Riot members

Case of Mariya Alekhina and Others v Russia (ECHR, Third Section, Application no. 38004/12, 17 July 2018)

The European Court of Human Rights has found that Russia breached human rights conventions in the prosecution and imprisonment of feminist protest band Pussy Riot.

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Case Notes 08- Freedom of Expression, Case Notes 15- Protest, Case Notes 17- Remand/Bail, Case Notes 20- Political participationGuest UserDemocratic Freedoms, Prisoner Rights
The State Must Facilitate and Enable Freedom of Peaceful Assembly

Bukta v Hungary [2007] ECHR Application No 25691/04 (17 July 2007) Makhmudov v Russia [2007] ECHR Application No 35082/04 (26 July 2007)

The European Court of Human Rights has considered two cases in which it held that the relevant State party had interfered with the right to freedom of peaceful assembly in art 11 of the European Convention of Human Rights.  That right is protected by s 16(1) of the Victorian Charter.  In both cases, domestic law required that the authorities be informed in advance of any planned public assembly.

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Case Notes, Case Notes 15- Protest, Case Notes 2007, Case Notes European Court of Human Rights, Case Notes InternationalMichelleBennettDemocratic Freedoms