oa Comparative and International Law Journal of Southern Africa - The right or freedom to strike: an analysis from international and comparative perspective

Volume 23, Issue 3
  • ISSN : 0010-4051



The purpose of this article is to analyse the right or freedom to strike from an international and comparative vantage point. Some form of strike is universally acknowledged, although the nature, scope and extent may vary from country to country. In some legal systems a basic right to strike is expressly provided for in a constitution or statute. In other countries a strike has been established indirectly by case law as a freedom only. However, on the international plane there are both implicit and explicit provisions that establish, promote and protect the right or freedom to strike. This paper will seek to explore and compare the right or freedom to strike within some countries in the European Community. Similarly, the international labour standards will be examined with a view to identifying the principles relating to the right or freedom to strike. Against this background, it would be appropriate to examine the right or freedom to strike in the South African industrial relations system.

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