Questions of a political nature affecting trade union rights (Trade union rights and civil liberties)


Description:(CFA: Digest of Decisions 2006)
Subject classification: Freedom of Association
Document:0218
Subject: Freedom of Association, Collective Bargaining, and Industrial Relations
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Document No. (ilolex): 2320060218

Questions of a political nature affecting trade union rights

205. It is important to distinguish between the evolution of a country’s political institutions and matters relating to the exercise of freedom of association, if, as was emphasized by the International Labour Conference in 1970 in the resolution concerning trade union rights and their relation to civil liberties, respect for freedom of association is closely bound up with respect for civil liberties. In general, workers’ and employers’ organizations nevertheless have their own specific functions to perform, irrespective of the country’s political system.

(See the 1996 Digest, para. 201.)

206. Measures which, although of a political nature and not intended to restrict trade union rights as such, may nevertheless be applied in such a manner as to affect the exercise of such rights.

(See the 1996 Digest, para. 202.)

207. As stated by the International Labour Conference in 1970, although respect for freedom of association is closely bound up with respect for civil liberties in general, it is nevertheless important to distinguish between the recognition of freedom of association and questions relating to a country’s political evolution.

(See the 1996 Digest, para. 203; and 326th Report, Case No. 2090, para. 240.)

208. Political matters which do not impair the exercise of freedom of association are outside the competence of the Committee. The Committee is not competent to deal with a complaint that is based on subversive acts, and it is likewise incompetent to deal with political matters that may be referred to in a government’s reply.

(See the 1996 Digest, para. 204.)


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