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Entities to which International Guarantees Apply

McFeeley v United Kingdom (decision), 15 May 1980 [ECtHR]

 

Case no 8317/78


112. The applicants contend that the complete denial of all opportunity to associate with others, the denial of exercise and the imposition of solitary confinement constitute an unjustifiable infringement of their freedom of association with others.
The Government submit that the right of association relates to the right to form combinations or societies and not a right to enjoy the company of others. In the alternative, it is submitted that the applicants do have opportunities to meet and associate with other prisoners. (...)

114. As the language of Article 11 suggests, thé concept of freedom of association, of which the right to form and join trade unions is a special aspect, is concerned with the right to form or be affiliated with a group or organisation pursuing particular aims. It does not concern the right of prisoners to share the company of other prisoners or to "associate" with other prisoners in this sense.

115. Consequently the Commission considers that this complaint must be rejected under Article 27 .2 as incompatible ratione materiae with the provisions of the Convention.

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