Right to life, security and the physical and moral integrity of the person (Trade union rights and civil liberties)


Description:(CFA: Digest of Decisions 2006)
Subject classification: Freedom of Association
Document:0202
Subject: Freedom of Association, Collective Bargaining, and Industrial Relations
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Document No. (ilolex): 2320060202

Right to life, security and the physical and moral integrity of the person

(See also paras. 80 and 1125)

42. The right to life is a fundamental prerequisite for the exercise of the rights contained in Convention No. 87.

(See the 1996 Digest, para. 45.)

43. Freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed.

(See the 1996 Digest, para. 46; and, for example, 300th Report, Case No. 1649, para. 453; 305th Report, Case No. 1876, para. 322; 307th Report, Case No. 1876, para. 312; 308th Report, Case No. 1892, para. 401; 316th Report, Case No. 1970, para. 548; 324th Report, Case No. 1787, para. 273; 329th Report, Case No. 2201, para. 508; 332nd Report, Case No. 2201, para. 546; 333rd Report, Case No. 1787, para. 450; and 334th Report, Case No. 2254, para. 1088.)

44. The rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected.

(See the 1996 Digest, para. 47; and, for example, 299th Report, Case No. 1512, para. 407; 304th Report, Case No. 1862, para. 81; 308th report, Case No. 1888, para. 342; 321st Report, Case No. 2052, para. 247; 327th Report, Case No. 2017/2050, para. 601; 333rd Report, Case No. 2158, para. 83; 334th Report, Case No. 2254, para. 1088; 336th Report, Case No. 2321, para. 496; 337th Report, Case No. 1787, para. 535; and 338th Report, Case No. 2298, para. 886.) 45. A genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty.

(See the 1996 Digest, para. 48; 302nd Report, Case No. 1849, para. 202; 304th Report, Case No. 1850, para. 207; 326th Report, Case No. 2027, para. 176; and 337th Report, Case No. 2318, para. 340.)

46. A climate of violence, such as that surrounding the murder or disappearance of trade union leaders, or one in which the premises and property of workers and employers are attacked, constitutes a serious obstacle to the exercise of trade union rights; such acts require severe measures to be taken by the authorities.

(See the 1996 Digest, para. 49; and 330th Report, Case No. 1888, para. 657.)

47. Facts imputable to individuals bring into play the State’s responsibility owing to the State’s obligation to prevent violations of human rights. Consequently, governments should endeavour to meet their obligations regarding the respect of individual rights and freedoms, as well as their obligation to guarantee the right to life of trade unionists.

(See the 1996 Digest, paras. 19 and 50; and 308th Report, Case No. 1934, para. 135.)

48. The killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events.

(See the 1996 Digest, para. 51; and, for example, 306th Report, Case No. 1884, para. 699; 310th Report, Case No. 1773, para. 462; 325th Report, Case No. 1888, para. 393; 327th Report, Case No. 2156, para. 202; 328th Report, Case No. 1787, para. 114; 331st Report, Case No. 2158, para. 38; 333rd Report, Case No. 2268, para. 748; 337th Report, Case No. 2318, para. 336, and Case No. 2268, para. 1091; and 338th Report, Case No. 2158, para. 185.)

49. In cases in which the dispersal of public meetings by the police has involved loss of life or serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities.

(See the 1996 Digest, paras. 52 and 148; 302nd Report, Case No. 1840, para. 353; 304th Report, Case No. 1850, para. 207; 306th Report, Case No. 1884, para. 696; 331st Report, Case No. 2217, para. 200; and 337th Report, Case No. 2323, para. 1030.)

50. In the event of assaults on the physical or moral integrity of individuals, the Committee has considered that an independent judicial inquiry should be instituted immediately with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts.

(See the 1996 Digest, para. 53; and, for example, 299th Report, Case No. 1512, para. 407; 304th Report, Case No. 1719, para. 409; 305th Report, Case No. 1876, para. 324; 306th Report, Case No. 1862, para. 116; 320th Report, Case No. 2048, para. 717; 325th Report, Case No. 2068, para. 314; 326th Report, Case No. 2116, para. 358; and 337th Report, Case No. 2318, para. 340.)

51. In the event that judicial investigations into the murder and disappearance of trade unionists are rarely successful, the Committee has considered it indispensable that measures be taken to identify, bring to trial and convict the guilty parties and has pointed out that such a situation means that, in practice, the guilty parties enjoy impunity which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.

(See the 1996 Digest, para. 54; and 322nd Report, Case No. 1787, para. 30.)

52. The absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights.

(See the 1996 Digest, para. 55; and, for example, 304th Report, Case No. 1787, para. 172; 306th Report, Case No. 1843, para. 616; 316th Report, Case No. 1970, para. 548; 320th Report, Case No. 2027, para. 873; 321st Report, Case No. 1813, para. 62; 325th Report, Case No. 2010, para. 28; 330th Report, Case No. 1888, para. 657; 331st Report, Case No. 1937/2027, para. 106; and 337th Report, Case No. 2318, para. 336.)

53. The Committee emphasized the need, in a case in which judicial inquiries connected with the death of trade unionists seemed to be taking a long time to conclude, of proceedings being brought to a speedy conclusion.

(See 306th Report, Case No. 1843, para. 615.)

54. The Committee has considered that detained trade unionists, like all other persons, should enjoy the guarantees enunciated in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person. (See the 1996 Digest, para. 60; and 310th Report, Case No. 1930, para. 361.) 55. As regards allegations of the physical ill-treatment and torture of trade unionists, the Committee has recalled that governments should give precise instructions and apply effective sanctions where cases of ill-treatment are found, so as to ensure that no detainee is subjected to such treatment.

(See the 1996 Digest, para. 59; 300th Report, Case No. 1682/1711/1716, para. 175, and Case No. 1818, para. 365; 306th Report, Case No. 1843, para. 616; 318th Report, Case No. 2005, para. 182; 321st Report, Case No. 2031, para. 171; 336th Report, Case No. 2321, para. 495; and 337th Report, Case No. 2249, para. 1495.)

56. In cases of alleged torture or ill-treatment while in detention, governments should carry out inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and the sanctioning of those responsible, are taken to ensure that no detainee is subjected to such treatment.

(See the 1996 Digest, para. 57; 306th Report, Case No. 1843, para. 616; 309th Report, Case No. 1843, para. 384; 310th Report, Case No. 1930, para. 353; 321st Report, Case No. 2031, para. 171, and Case No. 1965, para. 383; 328th Report, Case No. 1787, para. 114; 331st Report, Case No. 2169, para. 640; and 333rd Report, Case No. 2268, para. 755.)

57. As regards allegations relating to the ill-treatment or any other punitive measures said to have been taken against workers who took part in strikes, the Committee has pointed out the importance that it attaches to the right of trade unionists, like all other persons, to enjoy the guarantees afforded by due process of law in accordance with the principles enunciated in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights.

(See the 1996 Digest, para. 58.)

58. A climate of violence, coercion and threats of any type aimed at trade union leaders and their families does not encourage the free exercise and full enjoyment of the rights and freedoms set out in Conventions Nos. 87 and 98. All States have the undeniable duty to promote and defend a social climate where respect of the law reigns as the only way of guaranteeing respect for and protection of life.

(See the 1996 Digest, paras. 61 and 62; 306th Report, Case No. 1903, para. 489; 331st Report, Case No. 1937/2027, para. 106; 327th Report, Case No. 1787, para. 342; and 333rd report, Case No. 2268, para. 755.)

59. Attacks against trade unionists and trade union premises and property constitute serious interference with trade union rights. Criminal activities of this nature create a climate of fear which is extremely prejudicial to the exercise of trade union activities.

(See 306th Report, Case No. 1862, para. 112.)

60. The environment of fear induced by threats to the life of trade unionists has inevitable repercussions on the exercise of trade union activities, and the exercise of these activities is possible only in a context of respect for basic human rights and in an atmosphere free of violence, pressure and threats of any kind.

(See the 1996 Digest, para. 63; and 337th Report, Case No. 2318, para. 333.)
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