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General principles (Trade union rights and civil liberties)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0201 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060201 General principles (See also paras. 7 and 19)30. The Committee has considered it appropriate to emphasize the importance to be attached to the basic principles set out in the Universal Declaration of Human Rights, considering that their infringement can adversely affect the free exercise of trade union rights. (See the 1996 Digest, para. 32; and 308th Report, Case No. 1934, para. 135.) 31. On many occasions, the Committee has emphasized the importance of the principle affi rmed in 1970 by the International Labour Conference in its resolution concerning trade union rights and their relation to civil liberties, which recognizes that “the rights conferred upon workers’ and employers’ organizations must be based on respect for those civil liberties which have been enunciated in particular in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights, and that the absence of these civil liberties removes all meaning from the concept of trade union rights”.(See the 1996 Digest, para. 33; and 300th Report, Case No. 1790, para. 296.) 32. The Committee has considered that a system of democracy is fundamental for the free exercise of trade union rights.(See the 1996 Digest, para. 34; 302nd Report, Case No. 1773, para. 469; and 306th Report, Case No. 1884, para. 684.) 33. A genuinely free and independent trade union movement can only develop where fundamental human rights are respected.(See the 1996 Digest, para. 35; 300th Report, Cases Nos. 1682/1711/1716, para. 173; 302nd Report, Case No. 1773, para. 469; 316th Report, Case No. 1773, para. 614; and 338th Report, Case No. 2378, para. 1153.) 34. The Government has the duty to defend a social climate where respect for the law reigns as the only way of guaranteeing respect for and protection of individuals.(See 326th Report, Case No. 2027, para. 176.) 35. All appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind.(See the 1996 Digest, para. 36; 306th Report, Case No. 1884, para. 684; 308th Report, Case No. 1934, para. 135; 316th Report, Case No. 1773, para. 614; 332nd Report, Case No. 1888, para. 61; and 333rd Report, Case No. 2268, para. 744.) 36. For the contribution of trade unions and employers’ organizations to be properly useful and credible, they must be able to carry out their activities in a climate of freedom and security. This implies that, in so far as they may consider that they do not have the basic freedom to fulfill their mission directly, trade unions and employers’ organizations would be justified in demanding that these freedoms and the right to exercise them be recognized and that these demands be considered as coming within the scope of legitimate trade union activities.(See the 1996 Digest, paras. 28, 37 and 459; 334th Report, Case No. 2254, para. 1082; and 337th Report, Case No. 2258, para. 852.) 37. A free trade union movement can develop only under a regime which guarantees fundamental rights, including the right of trade unionists to hold meetings in trade union premises, freedom of opinion expressed through speech and the press and the right of detained trade unionists to enjoy the guarantees of normal judicial procedure at the earliest possible moment.(See the 1996 Digest, para. 38.) 38. The International Labour Conference has pointed out that the right of assembly, freedom of opinion and expression and, in particular, freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers constitute civil liberties which are essential for the normal exercise of trade union rights (resolution concerning trade union rights and their relation to civil liberties, adopted at the 54th Session, 1970).(See the 1996 Digest, para. 39.) 39. It should be the policy of every government to ensure observance of human rights.(See the 1996 Digest, paras. 15 and 40.) 40. Although holders of trade union office do not, by virtue of their position, have the right to transgress legal provisions in force, these provisions should not infringe the basic guarantees of freedom of association, nor should they sanction activities which, in accordance with the principles of freedom of association, should be considered as legitimate trade union activities.(See the 1996 Digest, paras. 42 and 726; 305th Report, Case No. 1870, para. 145; 326th Report, Case No. 2105, para. 448; 329th Report, Case No. 2188, para. 211; 333rd Report, Case No. 2268, para. 744; and 335th Report, Case No. 2276, para. 408.) 41. Allegations of criminal conduct should not be used to harass trade unionists by reason of their union membership or activities.(See the 1996 Digest, para. 43; 305th Report, Case No. 1773, para. 365; 306th Report, Case No. 1884, para. 700; and 327th Report, Case No. 2018, para. 117.) |
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