Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Spain (Ratification: 1977)

The Committee recalls that for a number of years it has been commenting on the Act respecting foreign nationals (Basic Act No. 8/2000 on the rights of foreign nationals in Spain and their social integration), which prohibits “irregular” foreign workers (those without proper work papers) from exercising the right to organize.

The Committee notes with satisfaction the Government’s statement that, in Ruling No. 236/2007, the Constitutional Court declared unconstitutional section 11 of the Act respecting foreign nationals, which make the right of foreign nationals to organize or to join an occupational organization freely, under the same conditions as Spanish workers, subject to obtaining a permit to stay or reside in Spain.