Organising Against Abuse and Exclusion: The Associational Rights of Undocumented Workers

Abstract

This chapter addresses the associational rights of undocumented migrants. The right to organise is highly valuable for this group of workers. It not only helps them access important workplace goods; it also promotes their social integration. However, undocumented workers face at least two types of hurdles in their associational activity: first, in some countries, the state bans their unionization and the employers have the power to dismiss them if they associate. Second, on other occasions, the unions themselves exclude them from membership. Are these obstacles compatible with human rights law? The question is addressed in light of the case law of the European Court of Human Rights. The chapter concludes that banning undocumented workers from forming or joining associations (including trade unions) is incompatible with fundamental liberal values of the European Convention on Human Rights.