Trade union freedom as a fundamental human right and its treatment in the current Venezuelan Constitution

Abstract

The essential purpose of this essay is to delimit some primary ideas of the author regarding worker’s freedom of association. The text, originally written in November 2004, has undergone important modifications over time as a result of studies, reflections and interventions by the author in various conferences, forums and talks, as well as the result of research and teaching work. It is structured in three parts: the first one, oriented to the theoretical perspective, in whose name the definition, legal nature, its implications and consequently the delimitation of its essential content are addressed, the second, oriented to the identification of international labor regulations; and, finally, a third part aimed at examining the provisions contained in the current Venezuelan Constitution.

This new edition of the text prepared for the book 'Labor Law: essays and opinions' includes the content examination issued by the ILO Committee of Experts on the Application of Conventions and Recommendations, the opinions of the Committee on Freedom of Association and the recent Report of the Commission of Inquiry on the case of Venezuela. Likewise, the most relevant decisions on the matter have been issued by the Supreme Court of Justice from its formation to the present date are considered.

Key words: Freedom of Association, Labor Law, Commission of Inquiry.