The right to strike: a right fundamental cornered

Abstract

The conditions imposed on the exercise of the right to strike, specially if altogether considered, make it possible to speak of the right to strike as a «cornered right». The analysis of these limits is what the present work is dedicated to, with special emphasis on the Spanish reality. Not without specifying that those limits that impede the right to strike and turn it into a clearly deactivated and of limited effectiveness form of pressure may be very diverse. The fact that few fundamental rights are as controlled as the strike is due, no doubt, to the fact that they belong to the category of fundamental rights that have a double dimension, both individual and collective. For this reason, the regulations approach them with greater caution, combining recognition and guarantee with obstacles in a significant number and consistency. This study highlights such a contrast, which ends up favoring the limitations of the right to strike.