Batasuna Banned: The Dissolution of Political Parties Under the European Convention of Human Rights

Abstract

This Note reviews the history of Basque terrorism in Spain and the Spanish's government's recent decision to ban Batasuna, the political party affiliated with the militant group, ETA. Although Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms affords Spanish citizens the freedom of association, it recognizes Spain's need to protect its citizens from terrorist violence. This Note argues that the European Court of Human Rights, based on relevant case law, will most likely find that Batasuna's dissolution does not violate Article 11 because it is necessary and proportional to the end of protecting Spain's democratic system.