On the occasion of the upcoming general strike, the need for unions is being questioned today from some social instances. To respond to such questioning, we believe it would be worthwhile to extend the reflection to the framework ...
On the occasion of the upcoming general strike, the need for unions is being questioned today from some social instances. To respond to such questioning, we believe it would be worthwhile to extend the reflection to the framework in which union activity is framed in our country, that is: what are fundamental rights for?
This is because the rights to union membership and strike are recognized in the Constitution (Article 28) as two of the fundamental rights enjoyed by Spaniards. Rights that are of identical relevance to those of education, teaching, assembly, information or freedom of expression. This framework of rights, which has its origin, let us not forget, in the liberal tradition, aims to defend individuals from abuses by public authorities and also from abuses that may occur through the democratic mechanism of appealing to the majority. Indeed, thanks to fundamental rights it is impossible to deny someone freedom of expression even in the hypothetical case that the majority of citizens so desired. Therefore, fundamental rights enjoy privileged protection in the legal system.
The right of association is framed in the same framework, a right that employers exercise through business federations or that professional groups channel through membership. In both cases, like that of unions, they are illuminated by the desire to protect their individual rights collectively against abuses that may occur from the instances of power.
In other words, thanks to joint action, individuals can better resist pressures that we do not consider fair. In this context, union activity serves to prevent the business part, by definition more powerful than the salaried part, from ending up imposing its conditions; just as business organizations can do against political power. Without the fundamental rights to union membership and strike, through which workers can join forces, we could not prevent work from becoming a form of slavery. But, in addition, unions contribute to structuring society, making their own, for example, citizens' demands for better and more efficient public services.
But the Constitution recognizes more rights than fundamental ones. For example, the right to work and decent housing. Unfortunately, these rights do not have the same degree of protection as the previous ones. Therefore, nothing obliges public authorities to guarantee a job and housing to each citizen. If there were no instance to pressure them, perhaps public representatives could completely disregard these basic needs. It is easy to deduce that unions represent, in this area, a role of counterbalance in the Spanish socioeconomic system. We have all accepted the existence of opposing powers and rules of the game according to which some powers are counterbalanced with others to hypothetically achieve the balance of all forces.
It can be debated, of course, whether unions have been up to the circumstances at all times. The right to criticism is not only another of the fundamental rights, but it is also one of the pillars on which democracy rests. Only through a vigorous and uninhibited public debate among citizens can we ensure that things work better and better. Unions, like any other democratic institution, are subject to criticism of their management, and those of us who sign this document hope and demand that unions take good note of the criticisms they have been receiving in recent times. Citizens deserve to be heard, attended to and taken into account.
However, we reaffirm our defense of fundamental rights, and, consequently, of the rights to freedom of association and to strike. But the exercise of such rights requires that they be assumed by each of the individuals who have to exercise them. As the jurist Luigi Ferrajoli states: «Fundamental rights are unavailable, inalienable, inviolable, non-negotiable, highly personal rights». No one can be forced to serve in a union or support a strike. But neither can anyone be forced not to serve or not support it. It is not democratic, according to the Constitution that unites us all, to appeal to general economic interests to ask individuals to renounce their fundamental rights. Rights are exercised in the realm of conscience, and activating them or not should only depend on the answer to the questions "What world do I want to live in? What should I do now to improve it?"
Perhaps, one day, that mandate contained in article 128 of the Spanish Constitution will come true, which says: «All the wealth of the country in its different forms and whatever its ownership is subordinated to the general interest». Hopefully one day all Spaniards will reach an agreement in which general interest means that what is good for everyone should not be harmful to anyone. Until then, unions, with all their imperfections and reasons for criticism, remain a good instrument that the Constitution makes available to us to reach that goal. Available to us: the people.
Signed:
Sergio A. Alonso Santana, teacher;
Nisa Arce González, style and orthotypographic proofreader;
José Manuel Brito López, composer;
Julio Cuenca Sanabria, archaeologist;
Javier Darriba Santana, journalist;
Antonio Expósito Orta, teacher;
Cristina González Oliva, journalist;
Anna Maria Guasch, professor of Art History;
Diego F. Hernández Sosa, journalist
Ángeles Jurado Quintana, writer;
Luis León Barreto, writer;
Pedro S. Limiñana, philosopher;
Abdel Massih Chamali, Insurance agent;
Esther Mederos, journalist;
Sergio Miró Dévora, musician and journalist;
Javier Moreno Barreto, journalist;
Tony R. Murphy, cultural consultant;
Laura Ravelo García, psychologist;
Diego Richardson Nishikuni, designer;
Raquel Rodríguez Rodríguez, air traffic assistant;
Nuria Roldan Arrazola, anthropologist;
Luisa del Rosario González, journalist;
Lolymar Sánchez Déniz, civil servant;
Mariano de Santa Ana Pulido, journalist;
Ubaldo Suárez Acosta, civil servant;
José Juan Suárez Cabello, teacher;
Carmelo Suárez Santana, driver;
Luis Miguel Vélez Martel, systems operator;