Right to Freedom of Association

The primary guiding texts on the right to freedom of association are the International Covenant on Economic, Social and Cultural Rights (article 8 on the right to form and join a trade union) and the International Covenant on Civil and Political Rights (article 22).  The following case studies and summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to freedom of association:

• Shantistar Builders v. Narayan Khimali Tatome and Others Case Summary
• Water Privateers Forced Out of Bolivia
• Guatemalan Union Leaders Face Stiff Reprisals for Opposing Unsafe Working Conditions
• Chassagnou and Others v. France Case Summary

An additional resource on the right is in Front Line's Civil and Political Rights online manual entry on the right to freedom of association.

The International Labour Organisation’s Committee on Freedom of Association receives and reviews& complaints alleging violations of the right to freedom of association.

Two important quantifying and qualifying tools that are useful when monitoring program service delivery on the right to freedom of association are:

• Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights
• millennium development goals

Freedom of Association Dossier

• Article 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights
• Article 22 of the International Covenant on Civil and Political Rights
• Article 11(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms Protocol
• Article 15 of the Convention on the Rights of the Child
• ILO #87
• Article 16 of the American Convention on Human Rights
• Article 10(1-2) of the African Charter on Human and Peoples’ Rights
• Right to Organise and Collective Bargaining Convention
• Workers' Representatives Convention
• Rural Workers' Organisations Convention
• Labour Relations (Public Service) Convention
• Article 2(c) of the International Convention on the Suppression and Punishment of the Crime of Apartheid
• Article 5(d)(ix) of theInternational Convention on the Elimination of All Forms of Racial Discrimination
• Article 15 of the Convention Relating to the Status of Refugees
• 15 of the Convention Relating to the Status of Stateless Persons
• 20(1), 23(4), 20(1-2) of the Universal Declaration of Human Rights
• Declaration Concerning the Aims and Purposes of the International Labour Organisation (“Declaration of Philadelphia”)