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Freedom of association is an individual right to belong to any legitimate group or associate with any person. Many countries have laws protecting this right, but they are unevenly enforced. The concept is fraught with legal and moral dilemmas, including defending segregationist and sexist policies. Unions have been a major source of conflict, and international companies face challenges in maintaining this freedom. Some socially oriented companies insist on fair labor practices to protect workers’ rights, while others exploit the lack of unions for profit.
Freedom of association is an individual right granted or regulated by constitutional documents, statutes and legal bodies. In essence, the right of association means that a person can belong to any legitimate group or associate with any person or type of person that they choose. Freedom of association is often used interchangeably with freedom of assembly, although assembly generally denotes a political context, such as the right to peaceful protest.
Many countries have enacted constitutional amendments or laws protecting this individual freedom. Examples include the United States, Germany, Turkey, Taiwan and Canada. Some multinational human rights doctrines also include provisions for assembly and association, including the Universal Doctrine of Human Rights and the European Convention on Human Rights. It is important to note, however, that while these laws and safeguards exist, they are unevenly enforced around the world.
The concept of freedom of association is fraught with interesting legal and even moral dilemmas, some of which seem surprisingly contrary to the spirit of the idea. For example, freedom of association has long been used in the United States as a means to defend segregationist and sexist policies in businesses, social clubs, and even commercial organizations. For example, it could be argued that because the law guarantees that a person can associate with individuals with similar values or lifestyles, it also includes the right to choose not to associate with those who do not share similar values or lifestyles.
Unions have been a major source of conflicts and debates on freedom of association. History is soaked in the blood of riots and struggles for the right of workers to create a union to protect their rights. Even America’s beloved Walt Disney is accused of interfering with this freedom, as many accounts suggest he cut wages and hired thugs to intimidate cartoonists planning to form a union. On the other hand, some unions are equally notorious for pressuring new workers to join or risk ostracized treatment or even violence by union members.
As international companies grow, maintaining freedom of association is an important issue. For example, if a Canadian manufacturer wants to open a plant in a country where unions are illegal, is the company responsible for allowing unions even if local laws do not? Some socially oriented companies avoid this problem by insisting on fair labor practices as part of the business, to protect workers’ rights even if unions are not allowed in the area. Unfortunately, however, some companies exploit the lack of unions to increase profit margins by using child and low-paid labour, even if this practice is illegal in the company’s home country.
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