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International and European Protection of the Right to StrikeA Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union$
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Tonia Novitz

Print publication date: 2003

Print ISBN-13: 9780198298540

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198298540.001.0001

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Adoption of Human Rights Instruments in the Council of Europe

Adoption of Human Rights Instruments in the Council of Europe

Chapter:
(p.124) (p.125) 6 Adoption of Human Rights Instruments in the Council of Europe
Source:
International and European Protection of the Right to Strike
Author(s):

Tonia Novitz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198298540.003.0006

This chapter outlines the historical background to the adoption of multilateral instruments which contain provisions requiring protection of freedom of association and the right to strike. It begins with an analysis of the constitutional objectives set out in the Statute of the Council of Europe. The Council of Europe has the capacity to exercise influence over labour standards in Europe via two key instruments: the European Convention on Human Rights (ECHR) and the European Social Charter (ESC). There is some overlap between the two instruments, both of which recognize freedom of association or the right to join and act as a member of a trade union. However, only the ESC expressly recognizes the right to strike.

Keywords:   freedom of association, right to strike, Council of Europe, labour standards, European Convention on Human Rights, ECHR, European Social Charter, ESC

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