UCL Discovery
UCL home » Library Services » Electronic resources » UCL Discovery

The Protection of the Right to Strike under the European Convention on Human Rights

Stylogiannis, Charalampos; (2017) The Protection of the Right to Strike under the European Convention on Human Rights. UCL Journal of Law and Jurisprudence , 6 (1) , Article 6. 10.14324/111.2052-1871.082. Green open access

[thumbnail of 6. Stylogiannis FINAL.pdf]
Preview
Text
6. Stylogiannis FINAL.pdf

Download (327kB) | Preview

Abstract

The right to strike has been largely acknowledged as an indispensable element of collective bargaining, and as one of the most essential means by which workers can preserve their socio-economic rights. It is safeguarded by international and European human rights instruments, and is enshrined in a number of states’ constitutions, including several parties to the European Convention on Human Rights (‘ECHR’). Within the legal framework of the ECHR, in the seminal cases of Demir and Baykara v Turkey and Enerji v Turkey the European Court of Human Rights (‘ECtHR’ or 'the Court') acknowledged the significance of both the right to collective bargaining and to strike as vital features of the freedom of trade unions association, covered by article 11 ECHR. Nevertheless, in RMT v UK, the ECtHR mitigated the cause for enthusiasm produced by its previous decisions. This article assesses the extent to which the right to strike is protected in the ECHR by referring to the recent judicial developments within the context of the Convention.

Type: Article
Title: The Protection of the Right to Strike under the European Convention on Human Rights
Open access status: An open access version is available from UCL Discovery
DOI: 10.14324/111.2052-1871.082
Language: English
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1553303
Downloads since deposit
1,079Downloads
Download activity - last month
Download activity - last 12 months
Downloads by country - last 12 months

Archive Staff Only

View Item View Item