Article 8: The right to form and join trade unions.
1. The States Parties to the present Covenant undertake to ensure: (a) 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 pre·scribe
v. pre·scribed, pre·scrib·ing, pre·scribes
1. To set down as a rule or guide; enjoin. See Synonyms at dictate.
2. To order the use of (a medicine or other treatment). 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;
(b) 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;
(c) 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;
(d) 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 Licit; legally warranted or authorized.
The terms lawful and legal differ in that the former contemplates the substance of law, whereas the latter alludes to the form of law. A lawful act is authorized, sanctioned, or not forbidden by law. 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 Labor Organization International Labor Organization (ILO), specialized agency of the United Nations, with headquarters in Geneva. It was created in 1919 by the Versailles Treaty and affiliated with the League of Nations until 1945, when it voted to sever ties with the League. 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.
Article 8 obligates States to implement the fundamental human right of workers to form and join trade unions. At the same time, it provides a person with the right not to join a particular trade union. The right to collective bargaining collective bargaining, in labor relations, procedure whereby an employer or employers agree to discuss the conditions of work by bargaining with representatives of the employees, usually a labor union. , the right to protection from dissolution or suspension, and the right to strike also are protected. These rights relate closely to the right to freedom of association, a principle recognized throughout international human rights law.
States are allowed some measure of discretion concerning national security and the rights of freedom of others. However, any limitation on the right to form and join a trade union must, in fact, be necessary (it responds to a pressing social need, pursues a legitimate aim, and is proportional to that aim), and, be established by a law that is not arbitrary, unreasonable, or discriminatory dis·crim·i·na·to·ry
1. Marked by or showing prejudice; biased.
2. Making distinctions.
dis·crim . (39) States may not invoke To activate a program, routine, function or process. national security or a low level of economic development to prevent trade unionism.
States must closely monitor economic sectors where women predominate to ensure the implementation of the rights provided for in Article 8. These sectors include domestic workers, agricultural work, home-based work, female-dominated industries, and the informal sector. For example, domestic work, which is largely done by women, is often characterized by biases based on nationality nationality, in political theory, the quality of belonging to a nation, in the sense of a group united by various strong ties. Among the usual ties are membership in the same general community, common customs, culture, tradition, history, and language. , race, and class. It is notorious for preventing collective bargaining and the formation of trade unions. Domestic workers often are prevented from leaving their place of work unless authorized by the employer. This can prevent the establishment of relationships outside the household, including the formation or joining of trade unions.
States should ensure women the right to participation in public life. The extent to which women are allowed to participate in public life determines their ability to form and join trade unions.
The Committee has expressed concern over constitutional prohibitions of union membership by workers employed in women-dominated sectors, such as public servants, teachers, and nurses, and over permission for arrest of striking workers. (4) It also has expressed concern where existing labor legislation is ineffective in protecting unionization and the rights of unionized workers, including the right to strike. (5)
Questions to ask:
1. What percentage of the work force is unionized? Are trade unions more prevalent in certain sectors? Are persons with disabilities and older workers unionized? Identify those sectors where trade unions are not prevalent. Are any of these sectors women-dominated?
2. Do laws or regulations exist that prohibit pro·hib·it
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid.
2. workers in certain sectors from joining unions? Do those laws apply equally to male- and female-dominated work sectors?
3. Are workers in women-dominated economic sectors afforded the same rights to organize as those in male-dominated sectors?
4. What percentage of women in the workforce is unionized? What legal or cultural barriers exist that prevent or hinder women from forming or joining trade unions and/or engaging in collective bargaining? Has the State taken measures to address these barriers? How effective have those measures been?
5. Are women in leadership positions in unions? Are women involved in bargaining and organizing?
6.. If a national labor council exists, are women represented on it?
7. Are workers in women-dominated economic sectors afforded the same rights to organize as those in male-dominated sectors?
(39) Limburg Principles, paras. 48-51, 59-60, 9 Human Rights Quarterly 122 (1987).
(4) Concluding Observations of the CESCR CESCR Covenant on Economic, Social and Cultural Rights
CESCR Committee on Economic, Social and Cultural Rights : Zimbabwe.20/05/1997. E/C.12/1/Add.12.
(5) Concluding Observations of the CESCR: Peru. 16/05/1997. E/C.12/1/Add.14.