Requirements for the formation and operation of organizations must not restrict freedom of association:
- An explicit requirement of permission from the State to form an organization is as incompatible with principles on freedom of association as are rules which operate implicitly as systems of previous authorization;
- However, States are free to set formalities in their legislation so as to ensure the normal functioning of organizations, provided that those requirements do not impair the guarantees provided by Convention No. 87.
Examples of cases where the CFA Compilation of 2018 has found violations of principles on freedom of association:
- Discretionary power of the government authority to refuse registration (para. 421);
- No recourse to a judicial authority against a refusal to grant authorization to establish a trade union (para. 456);
- The establishment of an organization is blocked because leaders are detained on suspicion of criminal acts (para. 426);
- Arrangements for recognition of a trade union for the purposes of collective bargaining are excessively restrictive (para. 564).
This chart explains your rights regarding membership requirements: