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Entities to which International Guarantees Apply

Association X v Sweden (decision), 6 July 1977 [ECtHR]


Case no 6094/73


61. The applicant association has also complained that its members are compelled to be members of the A. Studentk8r and it has alleged that this compulsion is inconsistent with the freedom not to associate with others, which they claim is included in Art. 11 of the Convention.
(...) 63. Art. 11(1) of the Convention offers its protection only in respect of private associations and trade unions but not in respect of public institutions. In this context the Commission finds reason to state that it does not see the "studentk8r" as a professional organisation which upholds ethics and discipline within the profession or defends its members interests in outside disputes. Nor does the Commission view the "studentk8r as a trade union in the sense that it shall represent the students in a labour conflict situation against an employer. As indicated above (para. 52) the Commission regards the establishment of a "studentk8r" as part of the university and, in particular, as a formal way of organising student participation in the administration of the university. The "studentk8r" seems to be democratically composed and the students are free to disagree with those political positions which it may adopt.
64. The university is a public institution and, consequently, Art. 11 of the Convention is not relevant in the circumstances of this complaint. An examination of the complaint does not, therefore, disclose the appearance of a violation of the Convention.
65. It follows that this part of the application is manifestly ill-founded within the meaning of Art. 27 (2) of the Convention.

 

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