Model constitutions (Right of organizations to draw up their constitutions and rules)


Description:(CFA: Digest of Decisions 2006)
Subject classification: Freedom of Association
Document:0602
Subject: Freedom of Association, Collective Bargaining, and Industrial Relations
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Document No. (ilolex): 2320060602

Model constitutions

384. Any obligation on a trade union to base its constitution on a compulsory model (apart from certain purely formal clauses) would infringe the rules which ensure freedom of association. The case is quite different, however, when a government merely makes model constitutions available to organizations that are being established without requiring them to accept such a model. The preparation of model constitutions and rules for the guidance of trade unions, provided that there is no compulsion or pressure on the unions to accept them in practice, does not necessarily involve any interference with the right of organizations to draw up their constitutions and rules in full freedom.

(See the 1996 Digest, para. 346.)


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