A comparative study of freedom of association in Iranian and Swedish law

Document Type : Original Article

Authors

1 Assistant professor, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

2 M.A. student in Public Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

10.48300/jlr.2022.350076.2112

Abstract

A trade union is an organization, established to protect the interests of employees, and freedom of association affects labor relations. The Human Rights Instruments and documents of the International Labor Organization recognize the importance of freedom of association. Considering the high union density and collective bargaining power of trade unions in the Nordic countries, especially Sweden, which comply with freedom of association and the principle of tripartism of the International Labor organization. The Swedish legal system is based on the social dialogue policy and the guarantees of freedom of association in the Instrument of Government and the Co-Determination Act has led to the development of freedom of association and is universally regarded as a successful model. The study's findings explain that freedom of association in Sweden is due to the trade union's widespread free hand and the Swedish legal system's development-oriented supportive approach to trade unionism, which is consistent with the International Labor Organization's understanding of freedom of association. In the Iranian legal system, despite the recognition of freedom of association and the existence of the trade union in the labour code similar to the Swedish legal system, the laws related to collective labour relations are not comprehensive and supportive, and in practice, the approach goes against freedom of association. The study uses a descriptive-analytical method to study freedom of association in the legal systems of Iran and Sweden in different aspects.

Keywords

References

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Journal of Legal Research
Volume 22, Issue 56
February 2024
Pages 335-366

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