ABSTRACT

The European Social Charter is a European convention that protects social and economic rights. The Charter, in its articles regulating collective labor relations, leaves the principle of implementation of the right of military personnel to the national legislation of the states parties. For this reason, whether the military personnel are granted union rights in the European Social Charter constitutes the main subject of the research. The collective complaint system, which is one of the control mechanisms of the European Social Charter, reveals the justiciability of social rights. In this study, the collective complaints, among the list of Council of Europe, and which are also about the union rights of military personnel were examined. A qualitative research based on document analysis was conducted in the study. It has been determined, according to the European Social Charter, the union rights of military personnel cannot be completely banned and the restrictions made by the states parties cannot be against the principle of the right to organize. It was also argued that many decisions of the European Committee of Social Rights were to protect the union rights of military personnel