|
<<previous | index | next>> Appendix C: Human Rights Standards on Freedom of Association
Universal Declaration of Human RightsArticle 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. *** Article 20 Everyone has the right to freedom of peaceful assembly and association. *** Article 23 Everyone has the right to form and to join trade unions for the protection of his interests. *** Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. International Covenant on Civil and Political RightsArticle 21 The right of peaceful assembly shall be recognized. Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. International Covenant on Economic, Social and Cultural RightsArticle 8 1. The States Parties to the present Covenant undertake to ensure: (a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. ILO Convention No. 87: Freedom of Association and Protection of the Right to Organise (1948)Article 2 Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation. *** Article 8 The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention. *** Article 11 Each Member of the International Labour Organisation for which this Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organise. ILO Convention No. 98: Right to Organise and Collective Bargaining (1949)Article 1 1. Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. 2. Such protection shall apply more particularly in respect of acts calculated to-- (a) make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership; (b) cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities outside working hours or, with the consent of the employer, within working hours. *** Article 3 Machinery appropriate to national conditions shall be established, where necessary, for the purpose of ensuring respect for the right to organise as defined in the preceding Articles. Article 4 Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers’ organisations and workers’ organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements. United States Commitments in North American Agreement on Labor CooperationThe United States shall ensure that its labor laws and regulations provide for high labor standards, consistent with high quality and productivity workplaces, and shall continue to strive to improve those standards in that light. The United States shall promote compliance with and effectively enforce its labor law through appropriate government action. The objectives of this Agreement are to . . . promote, to the maximum extent possible, the labor principles set out in Annex I:
|