The principle of freedom of association and its protection: a view from the perspective of ILO convention 87

Abstract

Since freedom of association is the central principle on which Collective Labor Law is structured, its projections involve essential elements such as the concept of freedom and its importance for persons, its consecration as a fundamental human right and its innate character in any democratic system of organization of societies. For this reason, it exceeds the condition of a simple right and in the dogmatic construction of the discipline, it occupies a space that differentiates it from the simple right of association. The mere abstract consecration at the normative level is not sufficient, without the support of guarantees for its effectiveness, as well as adequate control and protection with respect to the observance in practice that freedom of association requires. At the international level, the ILO's action has to face various shortcomings, among which it is possible to appreciate during the last decade, a certain immobility of the CEACR due to the questioning of the employer sector and some governments, linked to the right to strike as an expression of the freedom of association enshrined in International Convention 87. The recent submission of the dispute to the International Court of Justice seeks to obtain an authentic interpretation as to whether or not the object, purpose and practical application observed in its operation for years, confirm or not the inherence of this right with the broad meaning of freedom of association enshrined in that International Convention.