The right to freedom of association of foreign workers in Spain: exclusions, disputes and practical problems

Abstract

Foreigners in an irregular administrative situation in Spain are in many cases deprived of protection and a minimum guarantee of their fundamental rights, mainly because of the establishment of restrictive and disrespectful migration policies. For example, LO 8/2000 of 22 December, which amended Organic Law 4/2000, excluded from the right to free association foreigners in an irregular administrative situation. This was finally unconstitutional in 2007 and subsequently amended by LO 2/2009, dated 11 December, amending LO 4/2000. Although trade union freedom is a fundamental right linked to the dignity of the individual as such, it has been reduced and unprotected for seven long years. And, all this, because of a “in peius” and restrictive interpretation introduced by the Spanish legislator as to what is provided by international laws and regulations. And, all this, because of a “in peius” and restrictive interpretation introduced by the Spanish legislator as to what is provided by international laws and regulations. If a more inclusive society is to be achieved, fundamental rights must first be respected. Otherwise, we will be faced with the collapse of the very foundations of our Social and Democratic States of Law.