Open AccessThe Protection of the Worker`s Right to Freedom of Association: the ECtHR Case-Law
Author(s) -
Iryna Sakharuk
Publication year - 2021
Publication title -
access to justice in eastern europe
Language(s) - English
Resource type - Journals
eISSN - 2663-0583
pISSN - 2663-0575
DOI - 10.33327/ajee-18-4.1-a000051
Subject(s) - freedom of association , redress , collective bargaining , labour law , association (psychology) , human rights , law , element (criminal law) , political science , trade union , common law , law and economics , business , sociology , psychology , international trade , psychotherapist
The article is devoted to the study of the freedom of association of workers as an important element of the mechanism of the protection of labour rights, and also as a tool for effective social dialogue aimed at improving working conditions and ensuring the socio-economic well-being of workers. It is established that although the right toform and join trade unions under the ECHR is part of the right to freedom of association, its content is quite broad, as it is determined by the purpose of such association, which is to protect the interests of workers. Therefore, a wide range of collective redress, including the right to collective bargaining and the right to strike, are now an integral part of the right of workers to form or join trade unions. The study pays special attention to the analysis of the case-law of the ECtHR, which allowed the author to identify key elements of the content of the right of employees to association and determine the positive and negative obligations of the state that are necessary to ensure its effectiveness and protection. Taking this analysis into account and examining the national case-law, gaps in the legal regulation of freedom of association of workers in Ukraine have been identified, and proposals for their elimination have been made.Keywords: freedom of association; trade union; protection against discrimination; strike; collective bargaining; case-law of the ECtHR