Is the right to labour strike a fundamental human right?

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Authors
Pietrzak, Ewa
Kuna, Dominika
Monograph
Historical and Contemporary Issues of Democracy, Person and Human Rights
Monograph (alternative title)
Editor
Dawidziuk, Ewa
Tarwacka, Anna
Kursa, Sławomir
Date
2025
Place of publication
Publisher
Peter Lang Publishing Group
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Volume
Pages
383-398
DOI
ISSN
ISBN
9783631928349
eISBN
9783631928356
9783631940631
Series
Ius, Lex et Res Publica
Series number
41
ISSN of series
2191-3250
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https://books.google.pl/books/about/Historical_and_Contemporary_Issues_of_De.html?id=p7VS0QEACAAJ&redir_esc=y
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Abstract PL
Abstract EN
The strike is among the basic means of trade union protection of employees’ interests. Without the right to strike, employees would often be unable to obtain certain concessions from employers. The right to strike derives from a number of international documents, including: the Charter of Fundamental Rights of the European Union, the European Social Charter, the International Covenant on Economic, Social and Cultural Rights, International Labour Organisation Convention No. 87 concerning Freedom of Association and Protection of the Right to Organise. The right to strike is guaranteed by the Constitution of the Republic of Poland. Pursuant to Article 59 point 3 of the Constitution, trade unions have the right to organise labour strikes and other forms of protest within the limits set by law. For the sake of the public good, a law may restrict the conduct of a strike or prohibit it with respect to certain categories of workers or in certain areas. In Polish law the rules for conducting a strike are regulated in the Act of May 23, 1991 on the Resolution of Collective Disputes. Pursuant to the aforementioned Act, a strike is a measure of last resort and cannot be declared without first exhausting peaceful means of resolving the dispute, i.e. bargaining and mediation. This article addresses the issue whether the right to strike can be considered as a human right, and if so, whether it is a fundamental right.
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Keywords PL
Keywords EN
human rights
fundamental human rights
the right to strike
collective disputes
conditions for the legality of a strike
trade unions
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Wydział Prawa w Warszawie
Instytut Prawa
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https://share.swps.edu.pl/handle/swps/1662
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Acquisition Date16.12.2025
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Acquisition Date20.10.2022