Monitor Prawa Pracy

no. 2/2023

Working prisoners – do they have the right to unionize – a few remarks in regard to the judgement of the ECHR

Barbara Surdykowska
Biuro Eksperckie KK NSZZ Solidarność.
Abstract

The purpose of the present study is to analyse the judgement of the ECHR regarding the case Yakut Republican Trade-Union Federation v. Russia. In this judgement, the Court stated that Russia violated Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) by implementing a regulation by law which directly eliminates the prisoners’ right to unionize, including organization of trade unions. The author also discusses a dissenting opinion to this judgment.

Keywords
work of prisoners, working prisoners, prisoners’ right to unionize