Constitutional Protection for the Right to form Trade Unions

10.2478/bjlp-2023-0000029

Abstract

The freedom to form and join trade unions is one of the fundamental rights enshrined in international laws and supported by national laws, legislation, and internal constitutions. This privilege evolved as a result of the working class's dramatic increase and painful fight, particularly in Europe, through the pioneers of the British trade union movement, who were the first to establish trade unions between the late 18th and early 19th centuries, when rising capitalism was making its way with rigor and ruthlessness. Such capitalism makes its fortune by exploiting workers and imposing the legality of coercion on the defeated workers, as any European winner does. Unions were officially recognized in 1871, and in France in 1848, before spreading throughout Europe and the rest of the world. As a result, the Iraqi Constitution protects workers' and employers' rights to form and join unions. This right is protected by labor law, which ensures trade unions and associations are formed on a sound democratic basis. In addition to boosting the level of efficiency among members and defending their rights and interests. Trade unions gradually acquired legal character and started to operate freely and independently from management. However, in military or police institutions, no union or associations can be formally formed. The Iraqi Constitution stipulates that the law regulates the formation and governance of trade unions on a sound legal basis, ensuring their independence, resources, and method of registering their members, as well as holding them accountable for their conduct in the exercise of their professional activity in accordance with the rules of ethics and professional conduct. Unions cannot be protected without the involvement of trade union management bodies. Moreover, a court order is required to dissolve a trade union board according to legislative measures enacted through statutory law. Thereof, Article 22, paragraph 3 of Chapter II of the Iraqi Constitution's rights and freedoms section stipulates that "the state protects the right to form or join trade unions and professional associations, and this is governed by legislation".