Demir and Baykara v Turkey: breathing life into Article 11

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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".
Original languageEnglish
Pages (from-to)419-423
Number of pages5
JournalEuropean Human Rights Law Review
Volume4
Publication statusPublished - 2010

Keywords

  • Human rights
  • Employment
  • Government administration
  • Civil servants
  • Collective bargaining
  • Freedom of assembly and association
  • Indirect discrimination
  • Industrial relations
  • Trade union membership
  • Turkey

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