The limitations on the right to strike introduced by Law No. 9808 in light of the principle of non-regression
DOI:
https://doi.org/10.15517/c7cfcv36Keywords:
Right to stike, Principle of non-regression, Economic social and cultural rights, Collective Labor Law, Social ConflictAbstract
This article analyzes the compatibility of certain provisions of the “Law to Provide Legal Certainty on Strikes and Their Procedures” (hereinafter, “Law No. 9808”), approved in Costa Rica in 2020, with the principle of non-regression. This principle prohibits the implementation of regulations that reduce the level of protection of acquired rights unless a valid justification exists. The analysis concludes that most of the provisions reviewed unjustifiably limit the right to strike and, therefore, fail to meet the “non-regression test”, constituting a violation of the principle of non- regression.Downloads
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Following the policies of the University of Costa Rica and the Vice Rector's Office for Research, as well as the Budapest Initiative for Open Access, IUS Doctrina provides completely free access to its contents, considering that open access is an indispensable principle for "a scientific culture that promotes the dissemination, disclosure and recognition of science, technology and innovation, as a social and cultural heritage" (article 11.l of the University of Costa Rica's Research Regulations).
In accordance with the above, any user is allowed to read, download, copy, distribute, print, search or use the content of IUS Doctrina for any legal purpose, without any financial, legal or technical barrier. Likewise, the reproduction and distribution of its content is authorized, with the only limitation of citing the original source. For further details, Revista IUS Doctrina uses for all its content the Creative Commons License: Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0).
