The Right to Freedom of Association in Latin America “The Colombia Case”

Abstract

The work seeks to analyze the fragility of the Rule of Law and with it the impunity for the violation of Freedom of Association in Latin America, addressing in depth the case of Colombia, considering the magnitude of the problem in this region. Although it is true that these countries share, at least formally, the postulates of Freedom of Association developed in the ILO model in their International Labor Conventions, especially in No. 87, on Freedom of Association and Protection of the Right to Organize, from 1948; and in N ° 98, on the Right to Organize and Collective Bargaining, (from 1948), the American continent presents the highest number of complaints for violations of Freedom of Association. In such a way that the study describes the context of the trade union crisis that Latin America is going through, the problem of the violation of Freedom of Association in Colombia, addressing the legal context and the reality denounced by international treaties, organizations and institutions. The aim is to conclude that the violations against life, liberty and integrity committed against trade unionists in Latin America and Colombia constitute a serious violation of the rights of Freedom of Association and fundamental human rights, enshrined and protected by international norms and covenants, by the Political Constitution and the law.