Demir and Baykara v Turkey: breathing life into Article 11

Barrow, Charles (2010) Demir and Baykara v Turkey: breathing life into Article 11 European Human Rights Law Review, 4. pp. 419-423. ISSN 1361-1526

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Abstract

Comments on the European Court of Justice decision in Demir v Turkey (34503/97) on whether the refusal of the Turkish courts to allow the applicant civil servants the right to form a trade union and enter into collective agreements constituted a breach of their rights under the European Convention on Human Rights 1950 art.11 on the freedom of association and the right to form and join a trade union. Comments on the significance of the ruling in terms of the willingness of the court to re-assess previous authority on the content and scope of art.11 through recognition of the convention as a "living instrument".

Item Type: Journal article
Uncontrolled Keywords: Human rights; Employment; Government administration; Civil servants; Collective bargaining; Freedom of assembly and association; Indirect discrimination; Industrial relations; Trade union membership; Turkey
Subjects: M000 Law
Faculties: Brighton Business School
Depositing User: business editor
Date Deposited: 28 Apr 2011 08:05
Last Modified: 24 Apr 2012 15:04
URI: http://eprints.brighton.ac.uk/id/eprint/8460

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