108. The Court also notes that, in addition to being widely recognized in the international corpus
iuris, the right to strike has also been recognized in the constitutions and legislation of the OAS
Member States. 113 In this sense, it can be considered as a general principle of international law.
In particular, the Constitution of Guatemala states:
Article 104. Right to strike and work stoppage. The right to strike is recognized and is to be
exercised in accordance with the law, after all conciliation procedures have been exhausted.
These rights may be exercised only for reasons of an economic or social order. The laws
shall establish the cases and situations in which a strike or work stoppage shall not be
allowed. 114
109. According to the Committee on Freedom of Association, a strike is generally defined as “a
temporary work stoppage (or slowdown) willfully effected by one or more groups of workers with
a view to enforcing or resisting demands or expressing grievances, or supporting other workers
in their demands or grievances.” 115 The Court agrees with this definition, and considers that the
right to strike is one of the fundamental rights of workers and their organizations, as it constitutes
a legitimate means of defending their economic, social and professional interests. It is a measure
exercised by workers as a means of exerting pressure on the employer in order to correct an
injustice or to seek solutions to economic and social policy issues and problems arising in
companies that are of direct interest to workers. 116 In this regard, the European Court has
described the strike as the “most powerful” instrument for the protection of labor rights. 117
110. The Inter-American Court has already mentioned the close links existing between freedom
of association, freedom to organize and the right to strike. In this sense, the Court has emphasized
that the relationship between freedom of association and freedom to organize is akin to one of
genus and species, since the former recognizes the right of individuals to create organizations and
act collectively in pursuit of legitimate goals, based on Article 16 of the American Convention,
while the latter should be understood in relation to the specificity of the activity and the importance
of the objective pursued by union activities, as well as its specific protection derived from Article
26 of the Convention and Article 8 of the Protocol of San Salvador. Similarly, it has indicated that
the protection of the rights to collective bargaining and to strike, as essential tools of the rights of
association and freedom to organize, is fundamental. 118
paragraph 1076, Case No. 2473, paragraph 1532; Report 349, Case No. 2552, paragraph 419; Report 354, Case No.
2581, paragraph 1114; and Report 362, Case No. 2838, paragraph 1077.
113
Cf. Constitution of the Argentine Nation, 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.
114
Constitution
of
the
Republic
of
Guatemala
of
May
31,
1985.
https://www.congreso.gob.gt/assets/uploads/congreso/marco_legal/ab811-cprg.pdf.
Text
available
at:
115
Cf. Compilation of decisions of the Committee on Freedom of Association, supra, para. 783; Cf. Committee on
Freedom of Association, Report 358, Case No. 2716, paragraph 862.
116
Cf. Compilation of decisions of the Committee on Freedom of Association, supra, para. 758; Cf. Committee on
Freedom of Association Report 344, Case No. 2496, paragraph 407; Report 353, Case No. 2619, paragraph 573;
Report 355, Case No. 2602, paragraph 668; Report 357, Case No. 2698, paragraph 224; Report 371, Case No. 2963,
paragraph 236, Case No. 2988, paragraph 852; and Report 378, Case No. 3111, paragraph 712.
117
ECHR, Hrvatski Liječnički sindikat v. Croatia, No. 36701/09. Judgment of November 27, 2014, para. 59.
118
Cf. Advisory Opinion OC-27/21, supra, para. 121.
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