Compendium of Standards, Good Practices and Recommendations
ICESCR, Article 8
1. The States Parties to the present Covenant undertake to ensure:
c). 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. No restrictions may be placed on the exercise of this right other
than those prescribed by law and which are necessary in a democratic
society in the interests of national security or public order or for the
protection of the rights and freedoms of others;
d). The right of trade unions to establish national federations or
confederations and the right of the latter to form or join international
trade-union organizations;
e). The right of trade unions to function freely subject to no limitations other
than those prescribed by law and which are necessary in a democratic
society in the interests of national security or public order or for the
protection of the rights and freedoms of others;
f). The right to strike, provided that it is exercised in conformity with the
laws of the particular country.
2. This article shall not prevent the imposition of lawful restrictions on the
exercise of these rights by members of the armed forces or of the police or of
the administration of the State.
3. Nothing in this article shall authorize States Parties to the International
Labour Organisation Convention of 1948 concerning Freedom of Association
and Protection of the Right to Organize to take legislative measures which
would prejudice, or apply the law in such a manner as would prejudice, the
guarantees provided for in that Convention.
ESC, Article 5
With a view to ensuring or promoting the freedom of workers and employers
to form local, national or international organizations for the protection of
their economic and social interests and to join those organizations, the Parties
undertake that national law shall not be such as to impair, nor shall it be so
applied as to impair, this freedom. […] The principle governing the application
to the members of the armed forces of these guarantees and the extent to
which they shall apply to persons in this category shall equally be determined by
national laws or regulations.
ESC, Article 6
With a view to ensuring the effective exercise of the right to bargain collectively,
the Parties undertake:
1. to promote joint consultation between workers and employers;
2. to promote, where necessary and appropriate, machinery for voluntary
negotiations between employers or employers’ organizations and workers’
organizations, with a view to the regulation of terms and conditions of
employment by means of collective agreements;
3. to promote the establishment and use of appropriate machinery for
conciliation and voluntary arbitration for the settlement of labour disputes;
and recognise: the right of workers and employers to collective action in cases
of conflicts of interest, including the right to strike, subject to obligations that
might arise out of collective agreements previously entered into.
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