the restrictions are prescribed by law and pursue a legitimate objective, such as the protection of the rights and freedoms of others or the protection of the public interest, national security, public health or morals, and are necessary in a democratic society. 38 17. In its Report on Labor and Trade Union Rights (Inter-American Standards), the Inter-American Commission on Human Rights has considered that the strike is part of trade union rights which must be guaranteed by the States and that the Protocol of San Salvador protects this right (Art. 8(1)(b)). Thus, in the opinion of the Commission, the “strike is a tool that workers have at their disposal to defend their interests; it also establishes the connection between the right to strike, freedom of association and collective bargaining.” 39 However, the Commission has pointed out that the right to strike —together with the right to collective bargaining— while not expressly stated in the American Declaration of the Rights and Duties of Man, is closely related to basic labor rights. Therefore, the Inter-American Commission considers that the right to strike must be considered, implicitly, as a fundamental component of collective rights. 40 18. Likewise, in its report on Democracy and Human Rights in Venezuela, the InterAmerican Commission stated that “trade union organizations play a very important role in protecting the human rights of workers faced with precarious labor conditions in the workplace, and that they have become key protagonists of organized political expression aimed at furthering the presentation of labor and social demands of many sectors in society. One of the mechanisms available to trade unions to press for an answer to such demands is the right to strike. That is why the IACHR calls upon the State to refrain from subjecting labor leaders to judicial proceedings when they exercise that right legitimately and peacefully.” 41 19. In the context of the European System of Human Rights, the European Court of Human Rights, in the case Hrvatski Liječnički Sindikat v. Croatia, has described the strike as the “most powerful” instrument for the protection of workers’ rights. 42 20. For its part the Court, in Advisory Opinion No. 27 on Rights to freedom to organize, collective bargaining, and strike, and their relation to other rights, with a gender perspective, considered some elements that may be regarded as fundamental for consolidating the right to strike: i) the legality of the strike, ii) the power to declare the illegality of the strike and iii) restrictions on the right to strike. 21. Regarding the first element (legality) the Court has considered that: a) the States must take into consideration that, with the exceptions allowed by international law, the law protects the exercise of the right to strike of all workers; b) the conditions and prior requirements established by law for a strike to be considered lawful, should not be 38 Cf. ECSR, European Organisation of Military Associations and Trade Unions (EUROMIL) v. Ireland, decision of October 21, 2020, paras. 113 to 117. 39 Cf. IACHR, Report on Labor and Trade Union Rights - Inter-American standards, para. 53. Cf. IACHR, The situation of human rights in Cuba – Seventh Report. OAS/Ser.L/V/II.61 Doc. 29 rev. 1. October 4, 1983, paras. 52 and 54. 40 41 Cf. IACHR, Democracy and human rights in Venezuela. OAS/Ser.L/V/II. Doc. 54. December 30, 2009, para. 1119. 42 59. ECHR, Hrvatski Liječnički Sindikat v. Croatia, No. 36701/09, judgment of November 27, 2014, para. 7