Preliminary remarks


Description:(CFA: Digest of Decisions 2006)
Subject classification: Freedom of Association
Document:0002
Subject: Freedom of Association, Collective Bargaining, and Industrial Relations
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Document No. (ilolex): 2320060002

Preliminary remarks

The present compilation is intended as a tool to guide reflection relating to the policies and actions to be adopted so as to ensure the fundamental principles of freedom of association. It cannot be seen as an exhaustive enumeration of these principles as the Committee can only pronounce itself on those cases brought before it. In addition, while setting an important baseline for assessment of achievements in this area, each case is unique and should fully take into account the surrounding circumstances. Through its use of these principles as a basis for its reasoning, the Committee has been able to maintain a continuity in the criteria employed in reaching its conclusions and, as appropriate to the individual case, in fi nding that the allegations are well-founded or require no further action. Consequently, the application of a principle in a particular case in relation to a country does not necessarily imply that the government of that country has not respected it.

The decisions and principles of the Committee have been developed on the basis of complaints made by organizations of workers or of employers. In this respect, it should be noted that the majority of the complaints examined by the Committee to date have been submitted by organizations of workers, although the number of complaints made by employers' organizations has increased significantly in recent years. This explains why the wording of the Committee's principles and decisions often refers to organizations of workers. Nevertheless, many of these principles are of a general nature and could also be applied, were the case to arise, to organizations of employers.

To guide the reader, for each of the principles and decisions of the Committee contained in this Digest, the corresponding references are given to the previous Digest of 1996 or to the reports, cases and appropriate paragraphs of the Committee's Reports, up to its 339th Report (November 2005).


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