Признание права на забастовку в современном международном праве. Роль Международной организации труда, Европейского суда и Европейского Суда по Правам Человека ; Recognition of the right to strike in contemporary international law. Role of the International Labour Organization, the European Court of...
In: http://oai.elaba.lt/documents/94258396.pdf
The object of this master's thesis is the right to strike at the International Labour Organization, the European Court of Justice and the European Court of Human Rights. The main aim of the work is to identify the main problems associated with the recognition of the right to strike in the International Labour Organization, the European Court of Justice and the European Court of Human Rights. The main objectives of the work: To study the regulation of the right to strike in the International Labour Organization, the European Court of Justice and the European Court of Human Rights. Analyze the current problems associated with the recognition of the right to strike in the above-mentioned international organizations. Determine the potential and possible prospects for the development of the right to strike in modern international law. The implementation of the tasks led the author to the conclusion that, despite the wide recognition of the right to strike in the regulating international bodies and national laws of most countries in the world, the right to strike is now in a precarious position when it comes to practice. The stable position of right to strike in ILO standards, which has long allowed regulatory bodies to protect and promote trade union rights, has been replaced by a "controversial consensus" following a conflict between employers and workers at the 2012 International Labour Conference. As will be discussed in this master's thesis, this consensus was reached rather as a quick and temporary solution to the problem, and not as a joint solution to the conflict by the ILC participants. At the same time, the issue of confrontation between the freedom of movement of businesses and collective labor rights, including the right to strike, has not yet been resolved in the international bodies of the European Union. More generally, the confrontation between the economic and social values of the European Union.