The right to join trade unions in international law

Abstract

The article examines the right to join trade unions in international law. It is emphasized that the right to join trade unions is a unique human right, which is directly provided for in the main international legal acts for the protection of human rights, in particular, in the Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, the International Covenant on Economic, Social and Cultural Rights of 1966, the European Convention on Human Rights of 1950. The special legal nature of this right is emphasized, which at the same time belongs to the group of civil and political rights, as well as socio-economic rights. In addition, the right to organize in a trade union derives simultaneously from the right to freedom of association and the right to work. Attention is drawn to the fact that the right to join trade unions includes the right of workers without discrimination or prior permission to form and join trade unions of their own choice; trade unions should be allowed to operate freely, without undue restrictions on their functioning. The right to form and join trade unions also requires that trade unionists be protected from any form of discrimination, harassment, intimidation or repression. Special attention is paid to the case-law of the European Court of Human Rights regarding the protection of the right to join trade unions. It is emphasized that the European Court of Human Rights considers freedom of trade unions as an important element of social dialogue between employees and employers, and therefore an important tool in achieving social justice and harmony. It is concluded that according to the practice of the European Court of Human Rights, trade unions do not have a special legal status different from other associations. At the same time, the European Court of Human Rights emphasizes that the European Convention on Human Rights requires that, under national law, trade unions have the opportunity, under conditions not inconsistent with Article 11 of the Convention, to fight for the protection of the interests of their members.