When can a right to strike be restricted?
The right to strike may only be restricted by law and if these restrictions are necessary in a democratic society:
- in the interests of national security, territorial integrity, or public safety
- for the prevention of disorder or crime
- for the protection of health or morals, or the reputation or rights of others
Judges, prosecutors, police officers, employees of fire safety, fire-fighting or rescue services, border guards, employees of State security institutions, wardens, and persons serving in the National Armed Forces are prohibited from striking. Such restrictions on the right to strike are generally in line with international human rights standards, particularly in the case of armed forces and law enforcement agencies, due to the fact that the employees of these sectors are armed and there is a need for them to provide uninterrupted service. However, prohibition of strike action in the entire public sector has been found incompatible with human rights standards, and the prohibition of strike action for entire categories of civil servants can potentially fall within the scope of this violation as well.
In certain services that are necessary to the public in the interests of national security and the safety, health and life of the entire population and certain individuals and groups thereof, the law requires that a minimum amount of work be maintained during the strike.
Any demonstrations in relation to a strike must be organized according to national law and following the relevant rules and restrictions.
What human rights violation may there be?
If you are prohibited or held back from conducting a lawful strike, or otherwise sanctioned for organising or participating in a strike, your right to peaceful assembly or freedom of expression may have been violated.
Any restriction on the freedom of assembly or freedom of expression must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society. If it fails to meet any one of these three requirements, such a restriction cannot be considered justified.
Read more about freedom of assembly and freedom of expression in this Guide.