Blanket ban on the right of military personnel to form and join a trade union violates Article 11 ECHR

This guest post was written by Isabelle Van Hiel, PhD Researcher and Teaching Assistant at the social law section of the Department of Criminology, Criminal Law and Social Law of the Law Faculty of Ghent University.

In two recent cases of 2 October 2014 the ECtHR had to decide on the freedom of association of military personnel. Although the Court already examined cases involving trade union freedom within the police and the civil service, it was the first time that the Court considered the specific situation of the armed forces.

In Matelly v. France (application no. 10609/10), an officer in the French gendarmerie which forms in France a part of the military, was forced to resign from an association named Forum gendarmes et citoyens. The forum was considered by the Director General of the National Gendarmerie as a trade-union-like occupational group, which was prohibited under Article L. 4121-4 of the Defence Code. In ADEFDROMIL v. France (application no. 32191/09) the Association de Défense des Droits des Militaires (ADEFDROMIL), a professional organisation for servicemen, complained about its denial of access to justice, as it was considered to be in breach of the same provisions of Article L. 4121-4 of the Defence Code. This article L. 4121-4 declares the existence of occupational organisations for military personnel as well as the membership of such organisations incompatible with the prescriptions of the military discipline[1].

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