Freedom of Association

This report—including interviews with more than 331 workers employed in 32 factories that supply to H&M—documents the experiences of women garment workers at the base of H&M garment supply chains. Concentrated in short term, low-skill, and low-wage positions, they are at daily risk of gender based violence and harassment at work.

This new research documents sexual harassment and violence including physical violence, verbal abuse, coercion, threats and retaliation, and routine deprivations of liberty including forced overtime. The research also makes clear these are not isolated incidents and that gender based violence in the H&M garment supply chain is a direct result of how H&M conducts business.

Based upon analysis of the spectrum of gender based violence and associated risk factors in the garment industry, these reports include concrete recommendations for an ILO Convention to eliminate gender based violence and harassment in the world of work.

In its first judgment issued on the merits, the African Court found Tanzania responsible for the vio-lation of the African Charter because of its national laws prohibiting the participation in elections of candidates not belonging to political parties. The African Court’s analysis is influenced by the jurisprudence of the other regional human rights organs, even if its conclusions are quite different. Two main topics addressed by the African judges are the restrictive interpretation of the claw-back clauses put in the relevant articles of the African Charter and the possibility to institute cases con-cerning future violations.

This article investigates the current legal framework of freedom of association and collective bargaining of workers in Vietnam using ILO standards as a benchmark. It shows while workers in Vietnam have the Constitutional right to freedom of association and the legal right to collective bargaining, they cannot truly exercise and enjoy these rights in practice due to the monopoly of trade union system on the one hand and the dependence of trade unions on the other hand. It argues that Vietnam's current constitutional value is not currently consistent with those of particular ILO standards. It offers recommendations on pre-substantive and procedural measures necessary to ensure the successful incorporation of ILO standards on freedom of association and collective bargaining into Vietnam legal practice.

Sloboda, vrátane slobody združovania ani v prostredí športu za posledných viac ako 150 rokov nebola a ani nemôže byť absolútna, čo podporujú i texty mnohých v štúdii citovaných dobových akademických prác najmä vysokoškolských študentov. Špeciálne je tomu tak najmä v tzv. národných športových zväzoch, ktoré síce majú práv- nu formu občianskych združení, no nachádzajú sa na pomedzí verejnej správy a združo- vacieho práva. Kde má v nich (s)končiť tzv. sloboda združovania pre autonómiu športu deklarovanú i čl. 165 Zmluvy o fungovaní Európskej únie a začínať ingerencia štátu aj z dôvodu rozsiahleho financovania národných športových zväzov v Slovenskej repub- like z rozpočtu verejnej správy i tzv. príspevkom uznanému športu, na ktorý majú od 1.1.2016 dokonca právny nárok? Ako nový zákon o športe schválený 132 poslancami NR SR zo 135 prítomných zo 150 celkovo mení po 1.1.2016 život a slobodu združova- nia v roku 2019 v 68 národných športových zväzoch rozvíjajúcich 722 uznaných športov a v tisíckach ich členov – v športových kluboch či ďalších asi 35 štátom zatiaľ neuznaných športoch a ich združeniach z celkovo 56 818 občianskych združení v evidencii MV SR v Slovenskej republike k začiatku apríla 2019? / Freedom and also free right to associate even in the environment of sport has not been and cannot be absolute for the last 150 years what is supported also by texts in this study mentioned academic thesis of especially university students of that time. It is especially in the so-called National Sports Associations, which have the legal form of civil associations but are on the border of public administration and free right to as- sociate. Where should end the freedom of association because of the autonomy of sport declared also by the Article 165 of Treaty on the Functioning of the European Union and the state intervention should begin also due to the extensive financing of National Sports Associations in the Slovak Republic from the public finances thanks special Contribution to Recognized Sport, to which they have even a legal claim since 1.1.2016 ? How does the new Sport Act in the Slovak Republic approved by 132 out of 135 presented and 150 of all members of Slovak Parliament change life and freedom of association in 68 National Sports Associations developing 72 by state recognized sports activity after 1 January 2016 a their thousands of members- sports club out of all 56 818 associations in the evidence of Ministry of Interior of the Slovak Republic in April 2019 with other around 35 not yet state recognized sports activities and their associations?

The existing legal framework in Russia makes sex work and related activities punishable offenses, leaving sex workers stigmatized, vulnerable to violence, and disproportionally affected by HIV and other sexually transmitted infections. In 2013, the Ministry of Justice, supported by the courts, refused registration and official recognition to the first all-Russia association of sex workers, referring to the fact that sex work is under administrative and criminal punitive bans and therefore the right of association for sex workers is unjustified. In light of international human rights standards, in particular the jurisprudence of the European Court of Human Rights, we examine in this paper whether the overall punitive legal ban on sex work in Russia is discriminatory. The government’s positive obligations concerning discrimination against sex workers whose activities are consensual and between adults, and whose working conditions leave them among society’s most vulnerable, should outweigh their punitive laws and policies around sex work. The scope of legal criminalization is narrow: it should apply only in exceptional cases where it is clearly justified.

Membership of professional bodies in Ghana is widely regulated by statute. The relevant law identifies the regulator, provides the process for admission into the profession and the rules of practice and licensing. As members proceed to practice, they form professional associations to further regulate the practice and achieve the objectives of the regulators. Membership of these associations by nature are distinct from the qualification and capacity of an individual to practice a profession, and subject to the rules of freedom of association, such memberships must be voluntary.
This paper examines the requirements for membership in the Ghana Institute of Architechts for the extent to which this voluntariness is achieved in the Architectural profession. Similar laws governing membership of other professional bodies are compared from the perspective of the constitutional and universally recognized rights of freedom of association.

Although university student associations are key actors in Canadian political and social life, and although they engage in a significant amount of litigation, there is very little published research on their legal regulation. This article seeks to ad- dress this gap in the literature by providing a broad overview of the state of the law governing student associations across Canada. The applicable legal regimes are divided into three models: the state control model (Alberta), the state support model (Quebec), and the minimalist model (all other jurisdictions). Special atten- tion is paid to the jurisprudence arising from the 2012 Quebec student strike, which may have a significant impact on future developments in this area.

An electronic copy of the article can be obtained upon request to [email protected].

Act No. 6356 on Trade Unions and Collective Labour Agreements-Turkey

Part I - Purpose and Definitions
Part II - Principles of Establishment and Bodies
Part III - Membership
Part IV - Protection
Part V - Activities
Part VI - Revenues, Audit and Dissolution of the Organizations
Part VII - General Principles of Collective Labour Agreements
Part VIII - Conclusion of Collective Labour Agreement
Part IX - Settlement of Collective Labour Disputes
Part X - Establishment and Working Principles of the High Board of Arbitration
Part XI - Strikes and Lockouts
Part XII - Miscellaneous and Final Provisions

in Turkish: https://www.academia.edu/24051416/SEND%C4%B0KALAR_VE_TOPLU_%C4%B0%C5%9E_S%C3%96ZLE%C5%9EMES%C4%B0_KANUNU_-_2_May%C4%B1s_2016_G%C3%BCncel

In Ghana, the practice of traditional professions is widely regulated by statute. Once an individual has satisfied the academic and certification requirements of a profession, the relevant law identifies the regulator, provides the process for admission into the profession, the rules of practice and licensing. As members proceed to practice, there are often subsequent formations of professional associations to further regulate the practice and achieve the objectives of the regulators. Membership of these professional institutions by nature are distinct from the qualification and capacity of an individual to practice a profession, and subject to the rules of freedom of association, such memberships must be voluntary.
This paper will examine the extent to which this voluntariness is achieved in the Architectural profession, examining the laws governing individual membership of voluntary professional organizations from the perspective of the constitutional and universally recognized rights of freedom of association. The 1992 Constitution of Ghana, Architects Act 1969 [NLCD 357] and analogous statutes from professional associations like the Chartered Accountants Act 1963 [Act 170] and the Health Professions Regulatory Bodies Act, 2013 [Act 857] will be reviewed to compare the provisions regulating membership and licensing of these professions.
Paying attention to the provisions in the NLCD357, the writer will highlight the distinctions between the statutory collective of professionals created under a regulatory statute, and the private association of those professionals created pursuant to Professional Bodies’ Registration Act NRCD 143.
The writer will conclude that the current state of the licensing rules of the Ghana Institute of Architects is undesirable, infringing on the rights to freedom of association of its members – and will make recommendations for addressing the situation.

This essay explains how the Supreme Court of Canada has interpreted and applied the Canadian Charter of Rights and Freedoms to the law of work. It is intended as an introduction to this complex legal field for an audience unfamiliar with the Charter. Beginning with an overview of the Charter review process, the paper then examines the Court’s application to work law of Section 2(d) freedom of association, Section 2(b) freedom of expression, and Section 15 equality rights. The paper is an updated version describing the law as of summer 2012.

This report reviews the gendered impact of COVID-19—and the need for a transformational approach to prevent and end GBVH using guidance from C190—in the context of Asian fast fashion supply chains which produce primarily consumer apparel and footwear. The report highlights the persistent risk factors for violence that both predate and are exacerbated by COVID-19. It provides detailed guidance for fast fashion lead firms on steps they can take to uphold C190 obligations to address violence on garment supply chains in context of the global public health crisis and the economic shocks caused by the COVID-19 pandemic. While this report focuses on fast fashion supply chains, the guidance for corporate accountability to achieve violence free workplaces provides an important roadmap across global supply chain sectors.

This report—including interviews with more than 250 workers employed in 60 factories that supply to Walmart—documents the experiences of women garment workers at the base of Walmart garment supply chains. Concentrated in short term, low skill, and low-wage positions, they are at daily risk of gender based violence and harassment at work.

This new research documents sexual harassment and violence including physical violence, verbal abuse, coercion, threats and retaliation, and routine deprivations of liberty including forced overtime. The research also makes clear these are not isolated incidents and that gender based violence in the Walmart garment supply chain is a direct result of how Walmart conducts business.

Based upon analysis of the spectrum of gender based violence and associated risk factors in the garment industry, these reports include concrete recommendations for an ILO Convention to eliminate gender based violence and harassment in the world of work.

This report is a baseline assessment of social accountability in seven countries in the Arab World: Egypt, Jordan, Lebanon, Morocco, Palestine, Tunisia and Yemen. “Social accountability” is a term first developed by the World Bank that describes the
range of actions and tools that citizens (civil society organisations, media, private sector or trade unions) use to hold public officials and public servants to account. In the context of the Arab Spring, the question is how are citizens demanding accountability of their leaders? The research focused on state-citizen relations and considered both demand side (citizen led) and supply-side (state) governance.

RESUMEN
Influencia de Shopenhauer en Freud.
Un cuidadoso análisis de la obra central de Schopenhauer, El mundo como voluntad y representación, muestra que muchas de las ideas más características de Freud habían sido anticipadas por Schopenhauer. Todo pensador expresa siempre algo de la cultura de su tiempo, por supuesto, pero los paralelismos que encontramos entre Freud y Schopenhauer van más allá de la mera influencia cultural. El concepto schopenhauriano de voluntad contiene los fundamentos de lo que en Freud llegarán a ser los conceptos del inconsciente y del Ello.
Los escritos de Schopenhauer sobre la locura anticipan la teoría de la represión de Freud y su primera teoría sobre la etiología de las neurosis. La obra de Schopenhauer contiene aspectos de la futura teoría de la libre asociación. Y lo que es más importante, Schopenhauer anticipa la mayor parte de la teoría freudiana de la sexualidad.
Schopenhauer, como psicólogo de la voluntad, es el padre de toda la psicología moderna. Desde él parte una línea que, a través del radicalismo psicológico de Nietzsche, va directa hasta Freud y los hombres que construyeron su psicología del inconsciente y la aplicaron a las ciencias de la mente.
Dr. Adolfo Vásquez Rocca

The article concerns the issues regarding characteristics of right for association as a constitutional value, its
universal character and contents of the said constitutional right. The author analyzes the comparative context of the
norms of the Constitutions of the Russian Federation, Ukraine and foreign states, regulating this institution. In spite of
the thesis on systemic connection between the spheres of political freedom of a person and international legal principle
of freedom of association, which is well established in the science of constitutional law, the author pays attention
to the subsidiary value of this right in comparison to the right to participate in public affairs. Attention is paid to the
need to differentiate between material and procedural approaches in establishing the object of the right to association.
Based upon the analysis the author deems it necessary to establish first of all procedural qualities in the contents
of the right to association in order to guarantee efficient application of this constitutional value

This article aims to introduce in the scientific debate on the future of EU labour law and its relationship with human and fundamental rights, a redefinition of the collective labour rights in terms of 'collective labour freedoms'. This redefinition is undertaken in different steps and initiates from the so-called 'Laval doctrine' that has emancipated the economic freedoms (mainly referred to the freedoms of the employers) from the social rights (mainly referred to the rights of workers and trade unions): collective labour freedoms do not question the outcome of the balance made by the CJEU but the possibility of balancing per se. In order to do so, this contribution proposes a different methodology that synthesises a socio-historical analysis of social rights as materially considered and acted by social partners with a positive reading of fundamental charters and constitutions in which the freedom of association, the right to collective bargaining and industrial actions are recognised as tools to regulate the interests of social and economic nature (in form of an inseparable hendiadys) pursued by both sides of the labour market, employers and employees. Collective labour freedoms underline the inherent economic nature of labour law and, in line with the theoretical framework (but opposite in terms of political goals) with the German ordoliberals, they do not deny the freedom of market; moreover, they are valuable entitlements to achieve the social market economy as enshrined in Art. 3(3) of TEU. The article finally presents a possible outcome of the proposed methodology with an example taken from a pivotal case from the Italian Supreme Court on the limits to the exercise of the right to strike in non-standard forms.

This article investigates the current legal framework of freedom of association and collective bargaining of workers in Vietnam using ILO standards as a benchmark. It argues out that while workers in Vietnam have the Constitutional right to freedom of association and the legal right to collective bargaining, they cannot truly exercise and enjoy these rights in practice due to the monopoly of trade union system on the one hand and the dependence of trade unions on the other hand. It suggests that although Vietnam is likely to benefit from incorporating the ILO standards on freedom of association and collective bargaining into its legal system, its constitutional value is not currently consistent with those of particular ILO standards. It offers recommendations on pre- substantive and procedural measures necessary to ensure the successful incorporation of ILO standards on freedom of association and collective bargaining into Vietnam legal practice.

The right to work is a fundamental human right ensuring that every individual shall be able to continue their lives with a desired job and an income allowing the protection of human dignity. The right to work is directly related with the right to live of the working class that tries to live on their labor. Therefore, the right to work is the quest for a right based on life under a social order allowing every individual to have a job and income for continuing their lives in addition to protecting their dignity while allowing personal development and individual freedom. In this view, this study is based on the right to work which is a fundamental human right has been taken into consideration from the international human rights law perspective. Because of that firstly the concept of human rights and its historical development have been underlined. After then, it wants to take attention to emphasize of work right in concept of human rights. In this context, demand right to be employed, working right at a job which freely gained, the right to protection against the termination of labour contract and the right to use of freedom of association and union rights have been discussed.

English Abstract
This article tried to contextualize Professor Rukmana Amanwinata thought on freedom of association in a case decided by Indonesian Constitutional Court in 2018 (Decisions No. 2/PUUXVI/ 2018 on review of Civil Society Organization (CSO) Law (Law No. No. 16/2017). In this case, the Constitutional Court refused to all the petitions submitted by the applicant, including the provisions of CSO dissolution without any examination from the court, and perceived all contents of this law indeed constitutional. Therefore, this article has a purpose to trace the proportionality aspect on the limitation to freedom of association in such case, examine it, and placed the Constitutional Court as the guardian of a constitution which has a different character with the ordinary court, such as the possibility to decide a case in ultra petite.

Indonesian Abstract
Tulisan ini bermaksud untuk mengkontekstualisasikan pemikiran Prof. Rukmana Amanwinata mengenai kebebasan berserikat  dalam perkara yang cukup kontroversial yang telah diputuskan oleh Mahkamah Konstitusi (MK) pada tahun 2018 (Putusan No. 2/PUUXVI/ 2018), yaitu pengujian revisi atau perubahan Undang-Undang Organisasi Kemasyarakatan (UU No. 16/2017 tentang Penetapan Perppu No. 2/2017 tentang Perubahan atas UU No. 17/2003 tentang Organisasi Kemasyarakatan). Dalam perkara tersebut MK menolak seluruh permohonan pengujian, sehingga klausul utama yang digugat pomohon, salah satunya mengenai pembubaran Ormas berbadan hukum tanpa melalui pengadilan dianggap konstitusional. Oleh karena itu, tulisan ini bermaksud untuk menelurusi aspek proporsionalitas pembatasan kebebasan berserikat dalam Putusan MK tersebut, dengan memposisikan MK sebagai “penjaga konstitusi” (the guardian of constitution) yang memiliki perbedaan dengan pengadilan pada umumnya, seperti kebolehan memutus di luar permintaan pemohon (ultra petita).

Watchdog NGOs and other human rights defenders have been
under pressure during the humanitarian and rule of law ‘crises’. Several
EU Member States have passed laws that fall short of international,
regional and EU freedom of association standards. Some governments
have used the COVID-19 pandemic to further restrict civic space.
The study explores how the EU could protect civil society from unjust
state interference by strengthening freedom of association, assembly
and expression, as well as the right to defend human rights. The study
elaborates on four policy options: introducing a European association
statute; establishing internal guidelines to respect and protect human
rights defenders; developing a civil society stability index; and creating
a network of focal contact points for civil society at EU institutions. It
recommends strengthening the independence of critical civil society
actors and increasing funding for activities such as strategic litigation
to uphold EU laws and values.

This chapter examines labor militancy in the automotive industry in Mexico. Over the past decade, Mexico has risen as one of the largest global car manufacturers. Nevertheless, wages continue to plummet, setting Mexican salaries among the five lowest in the world. At the center of this increasing disparity, unions play a significant role colluding with companies and the government to control labor demands through corruption and illegal means. Despite fierce repression, workers organize clandestinely to resist precarious working conditions, building international solidarity and engaging in spontaneous labor strikes. This chapter is based on three years of ethnographic research. It looks at the recent wave of wildcat strikes that reveals an emerging pattern of collective action and labor organizing. The automotive sector is traditionally considered emblematic of stable and unionized jobs. However, this study shows how labor responds to the radical precarization of working conditions, by developing crossborder ties and carrying out independent work stoppages.

In recent years, Africa has seen a new wave of democratization. There has been a substantive shift from unconstitutional rule through coups, military rule and authoritarian regimes to a more democratic rule that involves popular participation. Elections have served as a tool to institutionalize and entrench democracy in African states. However elections in several African countries have been marked by challenges including contestation of electoral results and post-election violence as witnessed in Kenya in 2007, Zimbabwe in 2008, and Ivory Coast in 2010. The African Charter on Democracy, Elections and Governance (ACDEG) adopted by the African Union (AU) in 2007 is intended to serve as a crucial framework to mitigate some of these challenges.
In 2013, the AU suspended Egypt from all the activities of the organization in the aftermath of a coup in the country. In 2015, the AU declined to observe local and parliamentary and presidential elections in Burundi when a preliminary assessment by the African Union Commission (AUC) revealed that the country lacked a conducive environment to hold free, fair and credible elections.
It is on this premise that this paper seeks to examine how the ACDEG promotes compliance of states to democratic principles as well as to Article 13 of the African Charter on Human and Peoples’ Rights (ACHPR) which provides for citizens’ free participation in their governance. The paper explores the impact of ratification of the African Democracy Charter on the democratization of African States. Furthermore, the paper expounds on the roles of the AU institutions in addressing violations of fundamental rights necessary for democracy. The paper proposes ways to increase compliance and ratification of the African democracy charter as well as identifies shortcomings of the charter.

Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable.

The North American workplace law model is broken, characterized by declining collective bargaining density, high levels of non-compliance with employment regulation, and political deadlock. This paper explores whether 'decentred' or "new governance" regulatory theory offers useful insights into the challenge of improving compliance with employment standards laws. It argues that the dominant political perspective today is no longer Pluralist or Neoclassical, but 'Managerialist.' Politicians with a Managerialist orientation reject the Pluralist idea that collective bargaining is always preferred, and the Neoclassical view that it never is. Managerialists accept a role for employment regulation and unions, particularly in dealing with recalcitrant employers who mistreat their employees. The fact that Managerialists and Pluralists agree on this latter point creates a space for potential movement on workplace law reform. A law that encourages high road employment practices, while fast-tracking access to collective bargaining for low road employers could both encourage greater compliance with employment regulation, while also facilitate collective bargaining at high risk workplaces. This paper examines lessons from decentred regulatory scholarship for the design of a legal model designed to achieve these results. In particular, it develops and assesses a 'dual regulatory stream' model that restricts existing rights of employers to resist their employees' efforts to unionize once they have been found in violation of targeted employment regulation.

Il saggio analizza l’evoluzione dei diritti sindacali nel “comparto sicurezza” (forze armate e di polizia) all’insegna di una prospettiva multilivello: dopo una disamina delle fonti sovranazionali (convenzioni OIL, Cedu e Carta Sociale Europea) e del dettato costituzionale, la ricerca si sofferma sulla libertà sindacale di militari e poliziotti alla luce del quadro normativo e giurisprudenziale di riferimento. Nonostante dal finire degli anni ’70 l’ordinamento militare e quello della Polizia di Stato si siano progressivamente aperti ai diritti collettivi, permangono numerosi profili di criticità, come il regime di separatezza sindacale, il divieto di
sciopero e la mancata emanazione di una legge sulla rappresentanza militare. Infine, l’articolo analizza in chiave comparata il modello spagnolo, dalle forti similitudini con quello italiano.

ÖZET
Avrupa İnsan Hakları Mahkemesi içtihatlarına göre siyasi parti özgürlüğünün sınırlandırılabilmesi, söz konusu özgürlüğe yapılan müdahalenin kanuni olması, meşru bir amaç için yapılmış olması ve demokratik bir toplumda gerekli olması durumunda mümkündür. Mahkeme’nin yaptığı incelemenin son ve en belirleyici kısmı müdahalenin demokratik bir toplumda gerekli olup olmadığıdır. Siyasi partilerin sınırlandırılmasında demokratik toplumun anlamı; siyasi partilerin tüzük ve programları ülkenin mevcut anayasal sistemi ile çatışsa dahi farklı fikirlerini ifade edebilmesi, ifade özgürlüklerini kullanırken açık ya da örtülü bir biçimde şiddete övgü ve teşvikte bulunanan siyasi partilerin kapatılabileceği ve son olarak demokrasiye aykırı, demokrasinin yok edilmesini amaçlayan ve düzenlenen hak ve özgürlükleri tanımayan siyasalar ileri süren siyasi partilerin Avrupa İnsan Hakları Sözleşmesi’nin korumasından yararlanamayacağıdır. Ayrıca yapılan müdahale ölçülü olmalı ve bastıran bir toplumsal ihtiyaca cevap vermelidir. Demokratik toplumda gereklilik incelemesi ile aynı zamanda ulusal güçler ve Avrupa kamu düzeni ile bireylerin menfaatleri ve demokratik bir devletin sorumluluğu dahilinde olan menfaatler arasındaki çatışmanın dengelenmesi amaçlanmaktadır.
ABSTRACT
In the European Court of Human Rights’ case law, the freedom of political association can be restricted only if an interference in question is prescribed by law, made for the interest of legitimate aim and necessary in a democratic society. The last and the most important part of the Court’s examination is the determination of whether this interference is necessary in a democratic society or not. The meaning of “democratic society” within the context of the restriction of political parties is that the political party can express different ideas even if there is a conflict between the constitution or the  programme of a political party and the political system of a country;  political parties whose leaders and members incite to violence clearly or implicitly can be dissolved, and lastly, political parties which put forward a policy that fails to respect democracy or which is aimed at the destruction of democracy and the flouting of the rights and freedoms recognised in a democracy cannot lay claim to the Convention’s protection. Also, the interference must meet a pressing social need and must be proportionate. By the examination of the necessity of the interference in a democratic society, the Court also aims to achieve a balance between the domestic and European powers, and the conflicting interests of individuals and the interests implied in the responsibilities of the governments in democracy.

The study of freedom of association in other countries is indispensible in the current context, in order to contribute to building a legal system of freedom of association consistent with actual requirements and international standards on human rights to which Vietnam has committed. France was one of the first countries which had the legislation of association (1901) and strong association activities with over 1.3 million active associations with operating budget of 70 billion Euros. This article introduces the concept of association according to French law then provides some suggestions to complete the Vietnam’s law of associations.

This paper develops a theory of liberalism that is centred on the question of authority: where it lies and what are its proper boundaries. Liberalism responds to a crisis of epistemological - and thereby legitimate, temporal -  authority, occurring at the time of the Reformation. The State was seen as a likely tyrant in matters moral and should be removed from decisions about the Good, which can only be determined by the individual according to his own conscience. The thesis of the work is to show that a liberal society, where liberalism is grounded in this moral conception of man as a uniquely sovereign and autonomous agent with the duty and responsibility to act according to conscience, will be maximally tolerant of illiberal practices within a modus vivendi conception of the political state and will be abstemious as to the moral value of those practices. This follows from the principles corollary to the fundamental liberty of conscience, being freedom of association and exit, which require a variety of toleration between the varied and diverse individuals and groups that make up the body politic, but does not impose tolerance of heterodox values nor can it demand 'liberal' values or attitudes within the group itself. The two key findings of this thesis are, firstly, that in response to Kymlicka's work on multicultural rights, there are no grounds in principle (though there will always be legal restrictions according to the legitimate criminal laws maintaining peaceable coexistence under the rule of law) to interfere with the practices or membership of any association in the name of 'liberal values' or 'group rights' nor are there grounds in principle to alleviate or attenuate the costs to an individual of disassociation/exit in the name of 'freedom from cultural oppression' or 'equality'. Secondly, and perhaps most surprisingly, the finding that a society is liberal only to the extent that toleration remains in principle without limits, the effect of which maintains a 'marketplace of public reason' wherein individuals and groups are free to persuade, criticise or ignore each other of their respective beliefs about the Good. This is controversial because, as I argue, it follows from this principle of a "toleration without limits" that certain individuals and groups may in fact be excluded in practice, not because they are illiberal but because they are dangerously intolerant - 'dangerous' if they seek to co-opt or overthrow the state in order to restrict or abolish toleration. Toleration defends itself according to its own principle, which is both a great relief to those fearing liberalism's impotence and demise, yet a Pyrrhic victory for the libertarian and anarchist elements in liberal theory, given that the sole power authorised to exclude a group according to this principle is - the State.

This report links Egypt’s shifting political phases to debates more specifically about citizenship rights. It offers a general overview of Egypt’s recent political trajectory, before unpacking the various dimensions of debates over citizenship rights. In each of the three political phases since Mubarak’s ousting, citizenship rights have been curtailed. Crucially, the reasons for their constriction have been different in each phase. Some limitations have derived from largely political power plays, others from more philosophical-theological factors. It is important to distinguish between these different forms of debate if we are better to understand prospects for the future of citizenship rights in Egypt.

For the first twenty-five years after the Canadian Charter of Rights and Freedoms was enacted, it appeared that it would have little impact on Canadian labour laws. The Supreme Court of Canada took the view that the guarantee of freedom of association in the Charter did not include a right to strike and did not provide protection for collective bargaining. Common law rules regulating picketing did not come within the scope of
the Charter’s rules on freedom of expression. Academic commentators were divided on whether this was a good or a bad thing, some espousing the hope that the Charter could be applied in pursuit of greater justice in the workplace while others were thankful that the courts were not interfering with legislative formulation of collective bargaining law and policy. Slowly, however, the courts have come to a different view of the Charter, finding that its values serve to provide protection for picketing, and in a sweeping revision of former jurisprudence in 2007 holding that the guarantee of freedom of association does provide protection for collective bargaining. This article describes the changing judicial views of the Charter through three distinct periods, each roughly a decade long: the formative period, the period of consolidation, and the period of re-assessment. It also traces some of the academic reaction to these developments. It concludes by an assessment of how trade unions are attempting to harness the changing view of the Charter to pursue a variety of challenges to the existing legislated collective bargaining schemes in Canada. In doing so, the paper uses the metaphor of the Charter as a cathedral, with the judges and academic commentators as artists painting a variety of views of the Cathedral. It is only through assessing the multiplicity of views that one can hope to achieve even a partial understanding of the Charter’s role in Canadian labour law.

Pendant les vingt-cinq premières années qui ont suivi l’adoption de la Charte canadienne des droits et libertés, il a semblé qu’elle n’aurait que peu d’incidences sur les lois canadiennes sur le travail. La Cour suprême du Canada estimait que la
garantie de liberté d’association prévue dans la Charte ne couvrait pas le droit de faire la grève et n’offrait pas de protection pour la négociation collective. Les règles de common law en matière de piquetage n’étaient pas visées par les dispositions de
la Charte sur la liberté d’expression. Les observateurs du milieu universitaire étaient partagés sur la question de savoir s’il s’agissait d’une bonne ou d’une mauvaise chose; certains exprimaient l’espoir que la Charte puisse être appliquée dans la
poursuite d’une meilleure justice en milieu de travail, d’autres étaient simplement reconnaissants que les tribunaux ne s’immiscent pas dans la formulation par le pouvoir
législatif des lois et des politiques en matière de négociation collective. Les tribunaux en sont toutefois lentement venus à adopter une opinion différente de la Charte et ont conclu que ses valeurs servent à offrir une protection pour le piquetage, et en 2007, s’écartant remarquablement de la jurisprudence existante, ils ont conclu que la garantie de liberté d’association confère une protection pour la négociation collective.Cet article décrit l’évolution de la jurisprudence en ce qui a trait à la Charte pendant trois périodes, chacune étant à peu près d’une décennie : la période formative, la période de consolidation et la période de réévaluation. Il y est aussi question de la réaction de certains auteurs et observateurs à ces développements. L’article conclut sur une évaluation de la façon dont les syndicats tentent de profiter du changement de point de vue sur la Charte pour poursuivre diverses contestations des régimes de négociation collective qui existent actuellement au Canada. Ce faisant, l’article considère métaphoriquement la Charte comme une cathédrale, les juges et les observateurs du milieu universitaire étant des artistes qui en peignent chacun une vue différente. Ce n’est qu’en procédant à un examen de la multiplicité de vues que
l’on peut espérer comprendre, ne fût-ce que partiellement, le rôle de la Charte en droit
canadien du travail.

Praca ta stanowi pierwsze kompleksowe opracowanie problematyki naczelnych zasad zbiorowego prawa pracy. Głównym celem tego opracowania, stanowiącego głos w dyskusji nad koncepcją, katalogiem i funkcjami naczelnych zasad zbiorowego prawa pracy było więc przedstawienie zasad zbiorowego prawa pracy na tle różnych koncepcji zasad prawa oraz wielości porządków prawnych i systemów ochrony praw pracowniczych o randze praw człowieka i praw podstawowych oraz propozycji klasyfikacji zasad zbiorowego prawa pracy.

In the article proposed empirically verified theory of three stages in evolution of legal personality’s autonomy: freedom, tradition and law. As a model described private legal system of NGO “Autonomous Advocacy”, reinstitution of the Provocatio ad populum (appeal to the people) ancient Roman right, which in modern times means freedom of speech to call for justice and freedom of association to enforce fair laws and legal relations.

Sheliazhenko Y. (2017). Legal system of Autonomous Advocacy as example of the self-legislation in voluntary association. Legal Annals of KROK University. Vol. 24. Pp. 150-155.

The philosophical debate on the freedom of movement focuses almost exclu- sively on long-term migration, what I call, migration as settlement. The normative justifications defending border controls assume that the movement of people across political borders, independent of its purpose and the length of stay, refers to migration as settlement. “Global mobility,” “international movement,” and “immigration” are oftenused interchangeably. However, global mobility also refers to the movements of people across international borders for a short length of time such as travel, short-term and circular migration. While most scholarly attention has focused on long-term migration, the vast majority of cross-border movement of people (approximately 85% of all cross-border movements in 2019) is short-term. The existing literature offers normative arguments for border con- trols, which are grounded on states’ right to self-determination, the freedom of (dis)association, the welfare state, the duty to compatriots, and brain drain. In this paper, I argue that these arguments do not justify excluding travelers, short-term and circular migrants from the territory.

Available via this link: https://www.tandfonline.com/eprint/TS5DHGKDMKQXDUV6YGFF/full?target=10.1080/13698230.2022.2040202

In this article, we look at how economic and political restructuring​ in Mexico has transformed working conditions, informing new strategies of labor militancy. Our research shows that, despite fierce repression by private corporations, the government, and corrupt unions, Mexican workers organize in independent movements to demand freedom of association and collective bargaining by engaging in wildcat strikes and building international solidarity. We focus on two labor movements in the State of Coahuila that shed light on the strategic alliance between independent workers' movements in the automotive industry and the Miners Union. Our hypothesis is that this coalition serves two different but complementary goals: independent workers' movements aim at the democratization of union relations by fighting against corrupt company unions, while the Miners aspire to extend their representation from mining and the steel industry to the automotive sector by offering better working conditions to auto-workers. However, these actors seek to create different and opposing political landscapes. The underground struggle of autoworkers in Coahuila provides a significant micro-perspective from which to analyze opportunities and contradictions for the Mexican labor movement posed by the recent election of president Andres Manuel López Obrador, in July 2018.

Grev hakkı, insan haklarına ilişkin ayrımlarda sosyal haklar arasında yer almaktadır. Sosyal hakların büyük çoğunluğunun aksine, grev hakkının devlete olumlu edim yüklemeyen yanı baskındır. Özünde tepkisellik barındıran grev hakkının amacı; işverene baskı uygulayarak çalışma ilişkilerine dair taleplerin yerine getirilmesini sağlamaktır. Bu bağlamda grev hakkı; bağımlı çalışanların işverene karşı emek güçlerini kullanmak suretiyle karşı koymaları anlamına gelmektedir.
Sözleşme ilişkisi bağlamında görülmekte olan işin durdurulmasına neden olan grev eylemi; işverenin yanı sıra üçüncü kişileri de etkilemektedir. Üstelik grev; işçi sınıfının en önemli aracı olması nedeniyle siyasi iktidar tarafından da tehdit olarak algılanan bir mücadele aracı niteliğindedir. Özellikle görülmekte olan işin temel nitelik taşıması halinde, grevin belli şartlar çerçevesinde kullanılması şarttır. Tüm bu sebepler grev eyleminin hukuki zemine oturtulmasını ve sınırlarının çizilmesini zorunlu hale getirmiştir.
Grevin hak olarak kabulü ve sınırlandırılması, sosyal hakların hukuk dünyasında kabulüyle benzer bir seyir izlemiştir. Önce devletlerin hukuk sistemlerinde hak veya özgürlük olarak yer alan grev; zamanla uluslararası hukukta da hukuki güvence altına alınmıştır. Türk Hukukunda da grev hakkı, işçilere toplu iş uyuşmazlıklarında başvurabilecekleri bir mücadele aracı olarak tanınmıştır. Ancak hakkın kullanılması şekil şartlarına tabi tutulmuş ve greve son çare olarak başvurulması prensibi benimsenmiştir.

The right to strike takes place in the scope of social rights in human rights classification. Contrary to other social rights, states rarely take positive action when it comes to the right to strike. Strike action consists of reactiveness and its aim is to put employer’s feet to the fire to be indulged demands about worker’s labour relations. Stated in other words, the right to strike is to withstand against employers through the instrument of their power which comes from their positions in labour relations.
A strike action doesn’t have an influence only on employers but also on third parties because it causes the work transacting under the contractual relationship to be stopped. Moreover, states regard strike action as a threat on their political power because it is the most important instrument for class consciousness. It is a necessity to use strike action in certain circumstances especially if there is an essential service. All these reasons make constituting legal basis for strike action necessary.
Legitimizing legal status of strike action and restricting it have been followed the similiar process likewise other social rights. First of all, strike action been adopted as right or as liberty on legal systems of the states. Afterwards it was put under protection by legislation in international law. In Turkish legal system, the right to strike legitimatised only for workers on labor dispute-disagreements. However it is limited through some rule of procedure and ultima ratio principle.

This draft, published in a revised version, traces the background and sources of the main ILO Conventions on freedom of association and collective bargaining (Nos. 87, 98 and 154). It explains the relationship of these instruments to other provisions on the topic, and highlights the main issues addressed under the Conventions by the ILO's Committee of Experts on the Application of Conventions and Recommendations and by the ILO's Freedom of Association Committee. The published version reorganized the text to proceed article-by-article of each instrument.

The mental lexicon contains the knowledge about words acquired over a lifetime. A central question is how this knowledge is structured and changes over time. Here we propose to represent this lexicon as a network consisting of nodes that correspond to words and links reflecting associative relations between two nodes, based on free association data. A network view of the mental lexicon is inherent to many cognitive theories, but the predictions of a working model strongly depend on a realistic scale, covering most words used in daily communication. Combining a large network with recent methods from network science allows us to answer questions about its organization at different scales simultaneously, such as: How efficient and robust is lexical knowledge represented considering the global network architecture? What are the organization principles of words in the mental lexicon (i.e. thematic versus taxonomic)? How does the local connectivity with neighboring words explain why certain words are processed more efficiently than others? Networks built from word associations are specifically suited to address prominent psychological phenomena such as developmental shifts, individual differences in creativity, or clinical states like schizophrenia. While these phenomena can be studied using these networks, various future challenges and ways in which this proposal complements other perspectives are also discussed.

W niniejszym opracowaniu autorka poddaje szczegółowej analizie przełomowy dla polskiego zbiorowego pra-wa pracy wyrok TK z 2.6.2015 r. 1 odnoszący się do kwestii podmiotowego zakresu wolności koalicji. W ocenie autorki orzeczenie to zasługuje w całości na aprobatę, przy czym warto przyjrzeć się bliżej niektórym fragmen-tom uzasadnienia.

This report analyzes the structure of legal exclusions that strip agricultural workers of labour rights protections based on analysis of national laws in 110 ILO member states. Notably, laws that exclude agricultural workers from labour rights protections share common structures across national jurisdictions. These include sectoral exclusion, exclusion of particular categories of agricultural workers, employment-status based exclusions,migration-status based exclusions, and subnational exclusions.

Countries around the world have recognized workers engaged in agriculture as essential to supporting a safe and ample food supply as the global COVID-19 pandemic poses an ongoing threat to public health and economic security. In 1921, the International Labour Conference (ILC) adopted the Right of Association (Agriculture) Convention (No. 11). Convention 11 advanced the principle that all those engaged in agriculture are entitled to the same freedom of association rights as other workers and called for states to repeal any statutory or other provisions restricting agricultural workers’ rights. The Convention broke new ground in acknowledging and addressing the systematic exclusion of workers engaged in agriculture from labour rights protections across the world. On its 100-year anniversary, ILO Convention 11 is more important than ever in addressing the pervasive and ongoing exclusion of agricultural workers from exercising their fundamental right to freedom of association and collective bargaining.