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The Reservation Clause Of The International Covenant On Economic, Social And Cultural Rights And The Route Of Chinese Trade Unions' Reform

Posted on:2005-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2156360125470363Subject:Economic Law
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The right of freedom of association is an important and particular human right, which is also a foundation stone of Core Labor Standards. The protection of freedom of association provides a necessary support to the democracy and legal system. On the 28th, February, 2001, the standing committee of the National People of Congress ratified an international convention, the International Covenant on Economic, Social and Cultural Rights. While in this ratification, we give a reservation clause to the covenant of article 8, which ensure the right of everyone to form trade unions and join the trade unions of his choices. Why governments give reservation clauses? Is it necessary for us to do so? It is worth thinking for the circle of scholars.The reason of giving a reservation clause is that there are differences between our domestic law and the international convention. In the present, there are controversies to the reservation clauses in international human right convention. We hold that it is a choice that we have no alternative. It is producing a cushioning effect before the accomplishment of our legal system reform. Our ultimate goal is to adjust domestic law, adjust the way of trade union' reform, and rescind the reservation clause. If we continue to remain that, we will be faced pressures. Firstly, as a member state of International Labor Organization, we have the obligation to observe the Core Labor Standards of freedom of association. Secondly, Social Clauses which makes links between labor and trade will have a great influence on our country. Thirdly, the Social Responsibilities require us to do so. In order to resolve the problem, we can't ignore the analysis of freedom of association itself. Because the freedom of association has plentiful meaning, each state has its own way and scope to protect the right. It means in different states and periods, the right has different meanings. We may not oversimplify this problem. The histories of developed countries suggest that there is a process to understand and accept the right, which links with a country's economy and social development. However, in the background of today, we should not avoid to resolve this problem. Meanwhile we may not accept the social values of west countries, and should take lessons from the developing countries' experience. Thus following the principle of international convention, we may understand the right of freedom of association in our own view. What we can do is to find the gap between our regulations and the international convention, make full use of the convention's definition of "freedom of association", globally thinking, locally acting, so our nation can be in line with the international convention.When talking about the situation of the workers' right of freedom of association, we should pay attention to our trade unions. In the author's view, the one federation of trade unions and the communist's leading is our bottom line to our trade unions' reform. What we can improve is our way of doing things, to avoid misunderstanding caused by inappropriate expressions in international community. The key to the reform of trade unions is to break away from the influence of administration, safeguard the legitimate rights and interests of the workers and staff members according to law, and play its role as a professional organization.
Keywords/Search Tags:freedom of association, reservation clause, Core Labor Standard, trade unions
PDF Full Text Request
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