NationStates Jolt Archive


Labour Unions Rights SHOULD NOT Affect Nations!

26-11-2003, 07:39
Under the current Rights of Labour Unions Resolutions, the resolution does not say that current laws, already enacted by the nations PRIOR to the resolution being passed, have to be changed at all.

In fact, the resolution simply states that:

7. National laws shall not be made to impair the guarantees provided for in this resolution. Laws that contradict these guarantees shall not be created or enforced.

This does not state that existing laws must be modified to follow this resolution but simply states that laws (post-resolution) cannot impair this resolution.

To back this up, the resolution also states that the laws of the nation must be followed by the Labour Unions.

6. In exercising the rights provided for in this resolution workers and their respective organizations, like other persons or organized collectivities, shall respect the laws of their nations.

If a Nation's law already exists in regards to the the rights of the Labour Unions, then the Labour Union must enforce that law under the resolution as long as the law hasn't been made AFTER the resolution was passed.

Thus under this resolution Labour Unions have the right to exist but they also fall under the jurisdiction of national laws and their precedence which can limit them under laws made previous to the resoltion being passed.
Naleth
26-11-2003, 07:59
7. National laws shall not be made to impair the guarantees provided for in this resolution. Laws that contradict these guarantees shall not be created or enforced.
The resolution clearly states that you may not enforce any laws that contradict it. It does not say that this applies only to laws passed after the resolution has been enacted.
26-11-2003, 08:29
6. In exercising the rights provided for in this resolution workers and their respective organizations, like other persons or organized collectivities, shall respect the laws of their nations.

But in article 6 it states that the Labour Unions must follow the laws of the Nation. If the laws of the nation existed before the resolution, the Labour Unions must follow those laws already existing as part of the resolution.

"Laws that contradict these guarantees shall not be created or enforced," (article 7) only refers to the guarantees that are to contradicted by laws that are to "be made." It does not state anything about existing laws or the contraditcion of exisitng laws: it even defends existing laws in article 6 (which guarantees existing laws in itself).