The Right to Strike and Pre-Strike Ballot Requirements in International Law

The book is underpinned by the assumption that the right to strike to promote or to protect the individual’s economic and social interests is a universally recognized human right, either standing on its own, or as part of the principle of freedom of association. This is reflected in the fact that the right to strike is, directly or indirectly, afforded protection by major international standard-setting instruments, and in the constitutions of many nation states. This chapter outlines the international recognition of the right to strike, with particular reference to the jurisprudence of the supervisory bodies of the International Labour Organisation. This includes consideration of the extent to which access to the right to strike can properly be conditioned by pre-requisites such as pre-strike ballot requirements.