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AS TO THE ADMISSIBILITY OF

Application No. 16501/90

by Robert Henry HALFON

against the United Kingdom

The European Commission of Human Rights sitting in private

on 12 April 1991, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. J.-C. GEUS

A.V. ALMEIDA RIBEIRO

M.P. PELLONPÄÄ

B. MARXER

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 2 April 1990

by Robert Henry HALFON against the United Kingdom and registered

on 24 April 1990 under file No. 16501/90;

Having regard to the report provided for in Rule 47 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a British citizen born in 1969 and resident

in London. The facts as submitted by the applicant may be summarised

as follows.

The applicant is a student at Exeter University, where he is

studying politics as an undergraduate. As an undergraduate, the

applicant is automatically made a member of the Exeter University Guild

of Students (the Exeter University Students' Union). The Guild is

provided for in the Statutes of the University, receives an annual

grant from the University and it is regulated by University

Ordinances. These provide:

"1. There shall be a Guild of Students.

2. The objects of the Guild shall be:

(a) to represent the students of the University in

relations with the University Authorities,

the National Union of Students and other bodies;

(b) to develop the cultural, social and athletic life of

the students;

(c) to foster the corporate spirit of the student body.

3. All registered full-time students of the University

shall be members of the Guild without payment of

subscription. The Guild will receive an annual grant

from the University."

The Guild is affiliated to the National Union of Students (NUS). On

13 October 1988, the Guild voted in a general meeting to continue its

affiliation and to play a full part in NUS activities.

The Constitution of the NUS has as its aims:

(a) To represent the students of the United Kingdom,

locally, nationally and internationally.

(b) To promote and maintain the educational, social,

cultural and general interests of students.

(c) To arrange services, goods, facilities, and other

benefits for members of the National Union, for

persons and organisations associated with the National

Union, and for other students and their organisations.

(d) To promote the views of students on problems in the

educational system as a whole.

(e) To promote the interests of students on economic,

social, and youth issues which have a direct effect on

education or upon the status and welfare of students

within society.

(f) To promote the views of students upon those issues

which have a direct bearing on the education or social

rights of students of any country.

(g) To maintain and promote cooperation with the

students and student organisations of other countries.

(h) To discuss, comment and act upon current affairs

which are of interest or importance to students.

(i) To support financially or in other ways causes which

in the opinion of the Conference merit the support of

students in general.

As a Conservative, the applicant objects to automatic

membership of both the Guild and the NUS which often campaign against

everything he believes in. He is unable to opt out, save by

terminating his degree course. The applicant illustrates his

complaints, inter alia, by reference to the occupation by the Guild

Executive of the Vice Chancellor's offices in protest against proposed

student loans and the decision of the Guild in October 1989 to suspend

the University Conservative Association and to freeze its funds. In

respect of the NUS, he has submitted inter alia that the NUS debated

and passed resolutions concerning South African and Palestinian

problems, supporting the miners during the 1984 miners' strike,

attacking the Government's economic policies such as denationalisation

and encouraging refusals to pay the poll tax. The NUS also sent

public condolences to the family of one of the IRA terrorists shot in

Gibraltar and invited Sinn Fein speakers to its 1989 conference.

COMPLAINTS

The applicant complains that his compulsory membership in the

Guild and the NUS is contrary to Article 11 of the Convention. He

complains that he has no possibility of opting out without thereby

giving up his right to education.

THE LAW

The applicant has complained of being compelled to be a member

of the student union of his university. He has invoked Article 11

(Art. 11) of the Convention which provides:

"1. Everyone has the right to freedom of peaceful assembly and

to freedom of association with others, including the right to

form and join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these

rights other than such as are prescribed by law and are necessary

in a democratic society in the interests of national security or

public safety, for the prevention of disorder or crime, for the

protection of health or morals or for the protection of the

rights and freedoms of others. This Article shall not prevent

the imposition of lawful restrictions on the exercise of these

rights by members of the armed forces, of the police or of the

administration of the State."

The Commission recalls that Article 11 (Art. 11) of the

Convention offers protection in respect of private associations and

trade unions, but not in respect of public institutions. It considers

that the student union cannot be regarded as a professional

organisation upholding ethics or discipline within a profession or as

a trade union which represents its members in a labour conflict

situation against an employer (see e.g. No. 6094/73, Dec. 6.7.1977,

D.R. 9, p. 5). It is part of the university. The university being a

public institution, the Commission finds that compulsory membership in

the student union of the university does not disclose any appearance

of a violation of Article 11 (Art. 11) of the Convention.

It follows that the application is manifestly ill-founded

within the meaning of Article 27 para. 2 (Art. 27-2) of the Convention.

For these reasons, the Commission by a majority

DECLARES THE APPLICATION INADMISSIBLE.

Secretary to President of

the Commission the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)

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HALFON v. THE UNITED KINGDOM

HALFON v. THE UNITED KINGDOM

LEXI