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10 Article 8: Trade Union-Related Rights

Ben Saul, David Kinley, Jacqueline Mowbray

From: The International Covenant on Economic, Social and Cultural Rights: Commentary, Cases, and Materials

Ben Saul, David Kinley, Jaqueline Mowbray

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 January 2021

Subject(s):
International organizations, practice and procedure — Right to work — Freedom of association — Collective rights — Regional co-operation — Treaties, reservations and declarations
Trade union rights are both civil-political and socio-economic rights.1 In drafting Article 8, states were aware that the rights to form and join a trade union were simply ‘[o]ne aspect of the freedom of association’ already guaranteed in Article 22 of the ICCPR,2 and the same view is taken of trade unions in relation to freedom of association under Article 11 of the ECHR.3 Article 22 of the ICCPR explicitly recognizes trade unions and precludes prejudice to ILO standards: Some states were opposed to providing special ICESCR protection for trade unions over others...
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