The Right to Strike: The ILO and ECHR Legal Frameworks and the Potential Non-compliance with Those Standards of the New Swedish Legislation

Federico Fusco ()
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Federico Fusco: Prince Mohammad Bin Fahd University

Chapter Chapter 9 in The Collective Dimensions of Employment Relations, 2021, pp 183-204 from Springer

Abstract: Abstract In both the ILO and ECHR legal frameworks, the right to strike is deemed existent, stemming from the freedom of association. This statement was questioned in 2012 by the Employers’ group during the International Labour Conference. However, this has not stopped the ECtHR from continuing to recall the “ILO jurisprudence” to justify the right in question as a means to safeguard the freedom of association. In spite of those indications, Sweden approved a law restricting the right to strike. The resulting legal framework risks to jeopardize the freedom of association, impeding some unions from having any impact on the working conditions, regardless of their (eventually high) representativeness.

Keywords: Right to strike; Freedom of association; ILO standards; Peace obligation; Independent unions; Non-compliance with ILO and ECHR standards (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-030-75532-4_9

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DOI: 10.1007/978-3-030-75532-4_9

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