Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 2 of the Convention. The Committee recalls that in its previous comments it noted with satisfaction Ruling No. 236/2007 of the Constitutional Court declaring unconstitutional section 11 of the Act respecting foreign nationals (Basic Act No. 8/2000 on the rights of foreign nationals in Spain and their social integration), which made 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. In this respect, the Committee notes with satisfaction the Government’s indication in its report of the adoption of Act No. 2/2009 of 11 December, reforming Basic Act No. 4/2000 and integrating into the provisions of the Act the contents of Rulings Nos 236/2007 of 7 November and 259/2007 of 19 December of the Constitutional Court, which found that the requirement imposed by Basic Act No. 4/2000 on foreign nationals to be legally resident in Spain in order to exercise the fundamental rights of assembly, association, trade union membership and strike constituted an unjustified restriction and are therefore contrary to the Constitution. The Committee observes that the new section 11 of Basic Act No. 4/2000, in accordance with the wording set out in Basic Act No. 2/2009, provides that foreign nationals shall have the right to organize freely or to join an occupational organization and to exercise the right to strike under the same conditions as Spanish workers.