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Abstract
Freedom of association is one of the most important fundamental rights entrenched in a number of legal international and domestic instruments, especially the International Labour Organization (“ILO”) Conventions, national constitutions and labour legislation.The right to freedom of association can be exercised in different sectors of human activity. It is also critical to the workplace. However, despite its widespread “veneration”, the right to freedom of association remains a contested concept. It does not mean the same thing for employees and employers and defining it remains a challenge even among labour lawyers and analysts. It is against this background that the paper strives to examine the meaning, contents and scope of the right to freedom of association.
Highlights
The right to freedom of association, which is one of the cornerstones of liberal democracy, stems from a basic human need for society, community, and shared purpose in a freely chosen enterprise
As Alex de Tocqueville pointed out, the right to freedom of association is almost inalienable in its nature as the right of personal liberty and no legislator can attack freedom of association without impairing the very foundations of society.”[2]. Freedom of association is indispensable to RIGHT OF FREEDOM OF ASSOCIATION AT THE WORKPLACE: ... 17 democratic and accountable government, for it provides the constitutional basis of the right to form and join political parties, to take part in the activities of pressure groups and to meet with others to discuss matters of common concern.[3]
At the workplace the right to freedom of association is enshrined in the relevant conventions adopted within the International Labour Organization (ILO), an agency of the United Nations (UN) responsible for the protection and promotion of workers’ rights.[4]
Summary
Freedom of association is one of the most important fundamental rights entrenched in a number of legal international and domestic instruments, especially the International Labour Organization (“ILO”) Conventions, national constitutions and labour legislation. The right to freedom of association can be exercised in different sectors of human activity. Despite its widespread “veneration”, the right to freedom of association remains a contested concept. It does not mean the same thing for employees and employers and defining it remains a challenge even among labour lawyers and analysts. It is against this background that the paper strives to examine the meaning, contents and scope of the right to freedom of association
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