### Substantive Scope of Article 11: State Obligations and Applications
#General Principles
1. **Pluralism and Tolerance**:
- Pluralism, tolerance, and broadmindedness are hallmarks of a democratic society. The State must act as the ultimate guarantor of these principles, which sometimes requires positive measures to protect the right to peaceful assembly, especially for minority groups or those holding unpopular views (
234_21,
234_22,
234_24,
234_28,
426_45,
426_46).
#Applications
1. **Public Processions and Demonstrations**:
- Public processions and demonstrations, even if they cause inconvenience or offense to others, fall within the scope of Article 11 (
3_7,
3_92,
6_8,
6_73,
7_73,
18_91,
54_86).
- Demonstrations aimed at drawing attention to political and social issues, such as democratic reforms, free and fair elections, and police violence, are protected under Article 11 (
99_25,
99_35).
2. **Spontaneous and Symbolic Assemblies**:
- Spontaneous assemblies, such as those in response to sudden events, are also protected under Article 11. The Court has required public authorities to show a certain degree of tolerance towards peaceful gatherings if the freedom of assembly guaranteed by Article 11 is not to be deprived of all substance (
83_126,
228_52,
234_25).
- Non-violent protests, including solo demonstrations and symbolic expressions of dissatisfaction, are protected. The Court has noted that an individual does not lose the right to freedom of peaceful assembly due to sporadic violence or other punishable acts committed by others during a demonstration if the individual remains peaceful in their own intentions or behavior (
80_27,
83_126,
265_13,
265_15,
262_124).
3. **Assemblies with Potential for Disorder**:
- The possibility of violent counter-demonstrations or extremists with violent intentions joining the demonstration cannot take away the right to peaceful assembly (
3_92,
6_73,
7_73).
- Even if there is a real risk that a public demonstration might result in disorder due to developments outside the control of the organizers, such a demonstration does not fall outside the scope of Article 11 § 1, and any restriction must conform to paragraph 2 of that provision (
262_124,
262_125).
- Assemblies intended to be obstructive but peaceful, such as those aimed at preventing certain actions by authorities, are protected under Article 11 (
13_85,
14_86,
18_91).
4. **Specific Cases**:
- The Court has recognized that the right to freedom of assembly includes protection against counter-demonstrators, ensuring its effective exercise for social groups wishing to demonstrate on controversial issues (
6_74,
7_74).
- The refusal to approve locations for public events was considered an interference with the applicants’ right to freedom of assembly (
47_95).
- The evacuation of a church occupied by demonstrators amounted to an interference in the exercise of the applicant's right to freedom of peaceful assembly (
77_40).