The right to collectively bargain is recognized through international human rights conventions. Article 23 of the
Universal Declaration of Human Rights identifies the ability to organize trade unions as a fundamental human right.
[3] Item 2(a) of the
International Labour Organization's Declaration on Fundamental Principles and Rights at Work defines the "freedom of association and the effective recognition of the right to collective bargaining" as an essential right of workers.
[4]
In June 2007 the Supreme Court of Canada extensively reviewed the rationale for regarding collective bargaining as a human right. In the case of
Facilities Subsector Bargaining Association v. British Columbia, the Court made the following observations:
The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives, namely their work... Collective bargaining is not simply an instrument for pursuing external ends
rather [it] is intrinsically valuable as an experience in self-government... Collective bargaining permits workers to achieve a form of
workplace democracy and to ensure the rule of law in the workplace. Workers gain a voice to influence the establishment of rules that control a major aspect of their lives.
[5]
