Thēmis (Nov 2014)
Constitution, configuration and registration of trade unions in Latin America: The spurious reign of Law
Abstract
The right of freedom of association, nowadays, is considered a fundamental right of workers. However, and though it has been internationallyrecognized in several Covenants of the International Labor Organization, it has been a tendency among Latin American governments to limit the exercise of this freedom. In the present article, the author criticizes what he considers to be an excessive regulation of the exercise of the right of freedom of association by workers, present in almost every country in the region. These limitations are manifested through constitutional or legal restrictions to the formation of labor unions, union unity regimes and difficulties for the constitution of labor unions. In that way, he calls for the guarantee of the right of freedom of association for workers in Latin America.