Thursday, October 2, 2014

ECtHR decisions on trade unions in French armed forces

The European Court of Human Rights today handed down decisions in two cases concerning trade unions in the French Armed Forces. The court's summaries of Matelly v. France, App. No. 10609/10, and ADEFDROMIL v. France, App. No. 32191/09, can be found here. The court found a violation of the right to freedom of association under Article 11 of the European Convention on Human Rights in France's order that M. Jean-Hugues Matelly, a member of the gendarmerie, resign from the "Forum for Gendarmes and Citizens." According to the summary, the "blanket ban on forming or joining a trade union encroached on the very essence of freedom of association, could not be considered proportionate and had not therefore been 'necessary in a democratic society.'" The applicant in the second case was the Association for the Protection of the Rights of Military Personnel, which was established by two military officers. The court held there as well that the blanket ban violated Article 11. The decisions are available on the court's website in French.

Organizing or joining a union in the U.S. armed forces is a federal crime, as noted here.

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