Compendium of Standards, Good Practices and Recommendations
Different Approaches
Among OSCE participating States, approaches to recognizing freedom of association vary from
those that prohibit professional associations entirely, those that have officially sponsored
non-autonomous associations, to those that allow independent military associations or
unions that are usually, though not always, subject to a restriction on taking strike action. Of
these arrangements, the most prevalent would seem to be a legal right to join a trade union
or a professional association.259 A significant minority of states, however, prohibit or do not
recognize any form of collective representation for armed forces personnel.260
Box 7.4: Are armed forces personnel permitted to join bodies representing
their collective interests?261
Yes
No
Albania, Austria, Cyprus, the Czech Republic,
Azerbaijan, Bosnia and Herzegovina, Lithuania,
Denmark, Estonia, Finland, Germany, Greece, Ireland, Romania, Slovakia
Italy, Latvia, Malta, Montenegro, Norway, Poland,
Romania, Slovenia, Sweden, Switzerland, the United
Kingdom
Box 7.5: Types of bodies that armed forces personnel are permitted to
join262
General trade unions
Austria, Finland, Germany, Malta, Norway, Slovenia, Sweden
Specific sector trade unions
Austria, Finland, Norway, Slovenia, Sweden, Switzerland
Military associations
Albania, Austria, Cyprus, the Czech Republic, Denmark, Estonia,
Finland, Greece, Ireland, Montenegro, Norway, Poland, Slovenia,
Sweden, Switzerland, the United Kingdom
259
This is confirmed by the findings of the Council of Europe in 2013, that (of 33 states responding) 21 allowed
trade union membership, and that a majority of the remainder allowed the right to join an association:
Council of Europe Steering Committee for Human Rights, “Draft Report on the Committee of Ministers
Recommendation CM/Rec (2010) 4 on the Human Rights of Members of Armed Forces”, 27 February 2013,
CDDH (2013) 003, para. 43
260 A Council of Europe survey at the time of the Matelly and ADEFDROMIL decisions found that 19 member
states either did not recognize or denied collective association
261
Responses to the ODIHR-DCAF 2018 questionnaire, qu. 16. The questionnaire responses provided various
interpretations of the term “trade union” and often used “trade union” and “association” interchangeably.
Boxes 7.4 and 7.5 apply the terminology used by participating States in their responses.
262
Responses to the ODIHR-DCAF 2018 questionnaire, qu. 17. Some states permit service personnel to join
more than one type of body.
117
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