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Freedom of movement (Trade union rights and civil liberties)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0211 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060211 Freedom of movement (See also paras. 153, 749 to 754 and 756.)121. Trade unionists, just like all persons, should enjoy freedom of movement. In particular they should enjoy the right, subject to national legislation, which should not be such so as to violate freedom of association principles, to participate in trade union activities abroad. (See 302nd Report, Case No. 1849, para. 220.) 122. The Committee has drawn attention to the importance that it attaches to the principle set out in the Universal Declaration of Human Rights that everyone has the right to leave any country, including his own, and to return to his country.(see 337th Report, Case No. 2268, para. 1100.) 123. Forced exile of trade union leaders and unionists constitutes a serious infringement of human rights and trade union rights since it weakens the trade union movement as a whole when it is deprived of its leaders.(See the 1996 Digest, para. 122; and 300th Report, Case No. 1682/1711/1716, para. 176.) 124. The imposition of sanctions, such as restricted movement, house arrest or banishment for trade union reasons, constitutes a violation of the principles of freedom of association. The Committee has considered it unacceptable that sanctions of this nature should be imposed by administrative action.(See the 1996 Digest, para. 123.) 125. As regards the exile, banishment or the placing under house arrest of trade unionists, the Committee, while recognizing that this procedure may be occasioned by a crisis in a country, has drawn attention to the appropriateness of this procedure being accompanied by all the safeguards necessary to ensure that it shall not be utilized for the purpose of impairing the free exercise of trade union rights.(See the 1996 Digest, para. 124.) 126. The exile of trade unionists, which is in violation of human rights, is particularly grave since it deprives the persons concerned of the possibility of working in their country and of maintaining contacts with their families.(See the 1996 Digest, para. 125.) 127. The granting of freedom to a trade unionist on condition that he leave the country is not compatible with the free exercise of trade union rights.(See the 1996 Digest, para. 126.) 128. The expulsion of trade union leaders from their country for activities connected with the exercise of their functions is not only contrary to human rights but is, furthermore, an interference in the activities of the organization to which they belong.(See the 1996 Digest, para. 127.) 129. The restriction of a person’s movements to a limited area, accompanied by the prohibition of entry into the area in which his trade union operates and in which he normally carries on his trade union functions, is inconsistent with the normal enjoyment of the right of association and with the exercise of the right to carry on trade union activities and functions.(See the 1996 Digest, para. 128.) |
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