Edited by Stephen Tully
Chapter 25: ILO: Convention No 87 (1948) Concerning Freedom of Association and Protection of the Right to Organise (entry into force 1950)
Commentary: The right to organise trade unions has been recognised by the ILO as a fundamental right for workers, irrespective of the level of development of member states. For ILO perspectives, see ILO (1985), Freedom of Association: Digest of Decisions and Principles of the Freedom of Association Committee of the Governing Body of the ILO, 3rd edn, Geneva. For academic commentary, see Swepston L. (1998), ‘Human Rights Law and Freedom of Association: Development through ILO Supervision’, International Labour Review, 137, 169–94. For a historical perspective, see Dunning H. (1998), ‘The Origins of Convention No. 87 on Freedom of Association and the Right to Organize’, International Labour Review, 137, 149–67. See further, ILO (1998), ‘An Annotated Bibliography: International Protection of Freedom of Association’, International Labour Review, 137, 259–93. Article 2 Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation. Article 3 1. Workers’ and employers’ organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. 2. The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof. Article 4 Workers’ and employers’ organisations shall not be liable to be dissolved or suspended by administrative authority. Article 5 Workers’ and employers’ organisations shall have the right to establish...
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