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The ILO and the right to strike
Authors:Janice R. BELLACE
Affiliation:1. Samuel Blank Professor of Legal Studies and Professor of Management, The Wharton School‐ University of Pennsylvania, Philadelphia;2. Tel: +1-215-898-6820, Fax: +1-215-573-8585.
Abstract:The author argues that the June 2012 challenge by the ILO Employers' group to the hitherto generally accepted view regarding the right to strike under the Freedom of Association Convention, No. 87, is at odds with the historical understanding of the framework in which the Convention is embedded. She demonstrates how the ILO constituents have consistently recognized that there is a positive right to strike, which is inextricably linked to – and an inevitable corollary of – the right to freedom of association. The article also analyses the relative roles of the ILO supervisory bodies in this regard.
Keywords:right to strike  freedom of association  role of ILO  international labour standards  comment
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