region, 29 including Guatemala, 30 the right to strike has been recognized since 1948 in our continent in Article 27 of the Inter-American Charter of Social Guarantees 31 and in Article 45(c) of the Charter of the Organization of American States. 32 15. Subsequently, it was recognized in the Additional Protocol to the American Convention on Human Rights or Protocol of San Salvador in Article 8(1)(b). 33 It is also enshrined in the International Covenant on Economic, Social and Cultural Rights in Article 8(1)(d) 34 and in Article 6(4) of the European Social Charter (as part of the right to collective bargaining). 35 16. Moreover, the European Committee of Social Rights, the body responsible for overseeing the European Social Charter, has indicated in the case of the Italian General Confederation of Labor v. Italy, that “Article 6(4) of the Social Charter does not distinguish between the public and the private sector, nor between restrictions or limitations on the rights guaranteed to the police and those guaranteed to the armed forces, as does Article 5 of the Charter.” 36 For its part, the European Commission has recognized the right of police forces to strike and that, when their rights are restricted, the State must provide convincing reasons of why an absolute prohibition of the police forces’ right to strike is justified in the specific national context. 37 The Committee has recalled that restrictions on the right to strike by members of the armed forces may be in compliance with the Charter provided that they meet certain requirements, i.e. that 29 Cf. Para. 110 and footnote 111 of the judgment: Constitution of the Nation Argentina, Article 14 bis; Constitution of the Plurinational State of Bolivia, Article 53; Constitution of Brazil, Article 9; Constitution of the Republic of Chile, Article 16; Constitution of Colombia, Article 56; Constitution of the Republic of Costa Rica, Article 61; Constitution of the Republic of Ecuador, Article 35.10; Constitution of El Salvador, Article 48; Constitution of Guatemala, Article 104; Constitution of the Republic of Honduras, Article 128; Constitution of the United Mexican States, Article 123 A XVIII; Constitution of the Republic of Nicaragua, Article 83, Constitution of Panama, Article 69; Constitution of the Republic of Paraguay, Article 98; Constitution of Peru, Article 28; Constitution of the Dominican Republic, Article 62(6), and Constitution of the Oriental Republic of Uruguay, Article 57, Canadian Charter of Rights and Freedoms, signed in 1982, Article 2.b. Art. 104. Right to strike and payment. The right to strike is recognized and exercised (sic) in accordance with the law, after the conciliation procedures have been exhausted. These rights may be exercised only for economic or social reasons. The laws shall establish the cases and situations in which a strike or stoppage shall not be permitted. 30 31 RIGHT TO STRIKE. Article 27. Workers have the right to strike. The law shall regulate the conditions and the exercise of the right. 32 Article 45(c) Employers and workers, both rural and urban, have the right to associate themselves freely for the defense and promotion of their interests, including the right to collective bargaining and the workers’ right to strike, and recognition of the juridical personality of their associations and the protection of their freedom and independence, all in accordance with applicable laws (underlining added). 33 added). Article 8. Trade Union Rights. 1. The States Parties shall ensure: […] b. The right to strike (underlining Article 8(1) The States Parties to the present Covenant undertake to ensure: […] d) the right to strike, provided that it is exercised in conformity with the laws of the particular country. 34 35 Article 6. The right to bargain collectively. With a view to ensuring the effective exercise of the right to bargain collectively, the Parties undertake: […] 4. The right of workers and employers to collective action in cases of conflicts of interest, including the right to strike, subject to obligations that might arise out of collective agreements previously entered into. 36 Cf. ECSR, Italian General Confederation of Labor v. Italy, decision of September 11, 2019, para. 145. Cf. ECSR, European Organisation of Military Associations and Trade Unions (EUROMIL) v. Ireland, decision of October 21, 2020, paras. 113-117.Case No. 83/2012, paras. 211 to 214 37 6