Title: The denial of right to freedom of association and collective bargaining: breach of labour rights causing the consequential violation of human rights

Authors: Mohammad Ali Hasan; Mohammad Inzamul Haque

Addresses: Limkokwing University of Creative Technology, Cyberjaya, 63000, Malaysia ' Refugee and Migratory Movements Research Unit (RMMRU), Dhaka 1000, Bangladesh

Abstract: The freedom of association and collective bargaining are documented human rights as well as labour rights. Evidently, violation of one affects the other as they are interconnected. So if the right to freedom of association and collective bargaining are denied to a worker, it simultaneously violates provisions of human rights. Although these rights are parallel, regrettably a division between them still exists. The primary aim of labour rights is to ensure proper treatment of workers at the workplace. This approach loses value when it is yet to be determined whether it is equivalent to human rights or not. This research takes a twofold approach towards proving that labour rights and human rights are in fact the same and should not be separated. Also it aims to show how violation of right to freedom of association and collective bargaining is also violating both labour and human rights.

Keywords: labour rights; International Labour Organization; ILO; human rights; Labour Act; freedom of association; policy; law.

DOI: 10.1504/IJHRCS.2021.113764

International Journal of Human Rights and Constitutional Studies, 2021 Vol.8 No.1/2, pp.146 - 158

Received: 02 Jul 2020
Accepted: 17 Jul 2020

Published online: 12 Mar 2021 *

Full-text access for editors Access for subscribers Purchase this article Comment on this article