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[This chapter sets out the relevance and importance of human rights to football crowd policing and law. It argues that while rights and freedoms under the European Convention on Human Rights have been applied to the policing of protest, the freedoms of expression and peaceful assembly have been largely overlooked when it comes to the policing of football. However, both domestic and European Court of Human Rights (ECtHR) jurisprudence have made it increasingly clear that these freedoms also apply to socio-cultural gatherings such as football crowds. We set out the core human rights that should be protected by football policing operations, discussing the duties of police forces under the Human Rights Act s.6 and discussing the extent to which these can be limited, applying the principle of proportionality. We then assess the obligations that policing operations have to adopt a human rights-based approach to strategic and tactical decision-making. We conclude by arguing that a human rights-based approach to football policing, focussed on facilitating legitimate crowd intentions, can provide a strategic and tactical advantage for commanders, helping them to achieve acceptable public order outcomes. In this sense, regardless of the immediate future of the Human Rights Act 1998 (HRA) and positive obligations, a human rights-based approach to football policing is advantageous far beyond simply limiting the risk of successful litigation against forces.]
Published: Dec 13, 2022
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