The ownership of the right to strike analysis from a human rights approach. The case Orellano

Abstract

On June 7, 2016, in the case "Orellano, Francisco Daniel v. Correo Oficial de la República Argentina S.A. s/ juicio sumarísimo", the Supreme Court of Justice of the Nation issued a ruling in which it decided that it is appropriate to interpret the exercise of the right to strike in a restrictive way, in the sense of requiring for its exercise the previous formal union declaration. In this paper we propose to clarify the scope of the ownership of the right to strike in the light of the National Constitution and international human rights instruments with constitutional hierarchy, in accordance with the provisions of art. 75 inc. 22 CN. This is due to the fact that, after the constitutional reform of 1994, there is no doubt about the framing of our constitutional system as a constitutional and social state of law and the consequences that this should entail on the right to strike.