Peaceful protest turned violent: Will Article 11 ECHR hold out against increased criminalisation?

Lawmakers in Europe are tightening the grip of Criminal Law on public protests and gatherings, targeting demonstrations turning violent and threatening public order and safety. This increase in repression carries the risk of unnecessary interference with the right to freedom of peaceful assembly enshrined in Article 11 of the European Convention on Human Rights. Consequently, every new ruling from the European Court of Human Rights on the subject takes on significance. The Court stands as a vital bulwark against the growing domestic tendency to narrow down demonstrators’ freedom in the name of public order, without carefully distinguishing between peaceful and violent protesters. Yet, drawing the line between the two is indispensable to ensure a proper application of Article 11, as was recently emphasised by the ECtHR in Laurijsen and Others v. the Netherlands. Although overall protective of protestors’ rights under Article 11, we shall see that this decision remains strikingly on the sideline when it comes to the conditions of interference as provided for by Article 11-2.