Country :

Switzerland

Register number :

38204/19

Applicable law/instrument :

European Convention on Human Rights

Branch of law :

Human rights

Keywords :

Right to strike and collective action

Judgement date :

20/10/2023

The applications concern, firstly, the applicants' dismissals from their jobs at Hôpital de la Providence (Neuchâtel) following a strike deemed illegal by the domestic authorities and, secondly, the criminal convictions for trespass in this context.

Before the Court, the applicants complained of violations of the right to strike, as an aspect of the freedom of association protected by Article 11 of the ECHR.

 

The following questions have been put to the parties:

1.  Has there been interference with the applicants' exercise of their freedom of association, as enshrined in Article 11 of the Convention, firstly on account of their dismissals [application no. 38204/19] and secondly on account of their criminal convictions?

2.  If so, was the interference prescribed by law, did it pursue a legitimate aim and was it necessary in a democratic society, in accordance with article 11, paragraph 2?

3.  Did the domestic courts, in particular the Federal Court, give duly reasoned judgments and carry out a proper analysis in this case in the light of all the criteria deriving from the Court's relevant case law on Article 11 of the Convention, including an acceptable weighing of all the interests raised by the applicants' cases?

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