Young, James and Webster Case (Closed Shop Case)

Abstract

Treaties — Interpretation — Consideration of preparatory work — Significance of preparatory work — Preparatory work revealing deliberate omission of any express mention of particular freedom — Whether that freedom entirely excluded from treaty — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1951

Disputes — Other international courts — European Court of Human Rights — Procedure — Whether court should consider question proprio motu

The individual in international law — Human rights and freedoms — Freedom of association — Trade union closed shop — Employees engaged before introduction of closed shop required to join specified trade unions when closed shop introduced — Employees refusing to join dismissed — No remedy under domestic law — Whether freedom of association includes freedom not to join an association — Whether being compelled to join a trade union contrary to one's convictions violates freedom of thought and expression — Treaties — Interpretation — Preparatory work — Significance of preparatory work — International courts — Procedure — Whether court should examine questions proprio motu — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950