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Swimming Against the Current
Jesus Estanislao
 
Right to organize

   

AMONG the many rights we enjoy in freedom, there is one that is as basic as the rest. While all of us are aware of our right to life, bodily integrity, and the means to secure our continuing personal development, few are aware of our right to solidarity. Simply put, this right to solidarity gives us the prerogative to organize small groups – at work, or in society as a whole – in order to pursue common goals and purposes, consistent with the common good of society, but without the heavy-handed intervention of the State.

A well-known expression of this right to solidarity is the prerogative to form labor groups (unions), other sectoral groups, and professional associations. Not only do workers have the right to form a union. Business groups also can confederate, and professional groups can organize their own associations or societies (e.g. medical society for doctors, etc.).

All these groups and associations are necessary for social cohesion and over-all community welfare. They enable various groups and sectors to properly organize themselves in pursuit of their legitimate interests: and these are more easily attained and secured through appropriate organizations than through individual actions. Moreover, through the activity of these various groups and sectors, there is less need for the State to micro-manage most of the affairs in the community. Instead of leaving everything (or most things) to be decided upon by the State, intermediary groups and associations can sort out on their own most of the issues that most directly concern them.

But all this benefit is predicated on a more fundamental principle: rights always come with duties. Thus, while the right to associate is fundamental, indeed it is very basic in any community, it is not an unabridged, unconditional right. It is in fact conditioned and delimited by the duty to take into account and promote the common good of society as a whole.

The duty towards the common good imposes on each labor union, sectoral group, or professional society the obligation to consider not only its own narrow interests. These must always be viewed in relation – and often in subordination – to the broader interest of the community. In this light, a labor union can not exercise its right to strike as though this were unconstrained by the public interest. In some cases, if the public interest should demand it, a strike may have to be lifted. Similarly, a sectoral group or association (e.g. jeepney drivers’ association) cannot unilaterally set fares or refuse to ply the transport routes without due regard for the interest and needs of commuters. Of course, any professional society has to show deep consciousness for its civic responsibility and the demands of responsible citizenship.

In sum, there is a need for balance between rights and duties. Basic and fundamental rights must always be preserved and defended: they must be recognized and their enjoyment secured. However, in enjoying them, there also has to be a deep consciousness of the responsibilities that come with their enjoyment. And those responsibilities include those that the broader public interest may require. In several instances, public order and the general welfare may demand that the enjoyment of the rights to solidarity and association should be exercised in view of, and in subordination to, the broader public interest.





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