Il diritto di sciopero come diritto fondamentale diretto alla protezione dei lavoratori dai rischi. Una critica alla recente giurisprudenza della Corte EDU

Piera Loi

2024-01-01

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Abstract

The essay questions the status and foundation of the right to strike within the framework of international law as developed by the ILO (International Labour Organization) and the Council of Europe. It then analyzes the most recent case law of the European Court of Human Rights (ECHR) to subject it to critical reading. In particular, it argues that, notwithstanding the multiple justifications for the right to strike, the ECHR has chosen, following the example of the German Constitutio-nal Court, to adopt a monolithic interpretation of the foundations of the right to strike. Finally, a different interpretation is proposed for the foundation of the right to strike, viewing it as a tool to address and prevent risks in globalized societies characterized by risks of an environmental, social, and technological nature.