Susan Nash examines a variety of recent human rights cases
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Strikes and demonstrations
In Enerji Yapi-Yol Sen v Turkey (App No 68959/01), the applicant complained that a ban preventing public sector employees from taking part in a one-day national strike in support of the right to a collective bargaining agreement amounted to a breach of Art 11 (freedom of assembly). Finding for the applicant, the European Court of Human Rights (ECtHR) acknowledged that the right to strike was not absolute and could be subject to certain conditions and restrictions. However, while certain categories of civil servants could be prohibited from taking strike action, the ban did not extend to all public servants or to employees of state-run commercial or industrial concerns. In this case the circular had been drafted in general terms, which effectively deprived all public employees of the right to take strike action. The adoption and application of the circular did not answer a “pressing social need” and that accordingly there had been a disproportionate interference with the applicant's rights.
The applicant in Makhmudov v
