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Freedom of assembly and association
Right to life
Prohibition of torture
slavery and forced labor
Right to liberty and security
Right to a fair trial
No punishment without law
Private and family life
Freedom of conscience and religion
Freedom of expression
Effective remedy
Prohibition of discrimination
Property Protection
The death penalty
Right not to be tried twice
Right to free elections
1. Everyone has the right to freedom of peaceful assembly and to freedom of association, including the right to found with other trade unions and to join trade unions in defense of his interests.
2. The exercise of these rights cannot be subject to other restrictions than those which, provided for by law, constitute measures necessary, in a democratic society, for the security national security, public safety, the defense of order and the prevention of crime, the protection of health or morals,
or the protection of the rights and freedoms of others. This article does not preclude lawful restrictions being imposed on the exercise of these rights by members of the armed forces, the police or state administration
The absolute prohibition for a soldier to join a trade union is criticized by the European Court of Human Rights
In a judgment delivered by the European Court of Human Rights on October 2, 2014 (Matelly v. France), the latter condemned the French practice of prohibiting the membership of soldiers in trade unions.
In this judgment, if the European Court recognized the possibility for the Member States to restrict the freedom of association within the army for reasons related to the specificities of the mission of the soldiers, it nevertheless admits that the prohibition opposed to Mr. Matelly to join the association "gendarmes and citizens forum" constitutes an interference in the exercise of his right guaranteed by Article 11 of the European Convention on Human Rights.
For the Court, a pure and simple prohibition for the applicant to join a trade union association without taking into account his attitude and desire to comply with its obligations in modifying the statutes of the association, brings to the very essence of freedom of association, a interference which could not be considered proportionate and was therefore not "necessary in a society democratic”.
Accordingly, the Court concludes that there has been a violation of Article 11 of the European Convention on Human Rights.