TNAG-0652-FCO40-801-Planning-Staff-papers-on-human-rights-and-foreign-policy-cou-1977 — Page 224

UNITED STATES (continued)

Right No.

(v)

Rating suggested by Post

O

(vi)

(vii)

Independence of the Judiciary is total. The Judiciary is one of the three equal and independent branches of the State under the doctrine of separation of powers.

There is full freedom for the formation of trades unions parallel to that in the United Kingdom. But under Section 14(b) of the Labour Management Relations (Taft-Hartley) Act of 1974 (the so-called right to work provision) some 20 States, mainly in the South, have out-lawed the closed shop. The repeal of 14(b) is now a major aim of the AFL-CIO. The AFL-CIO is also in favour of legislation which would guarantee the right of all public employees to organise and bargain collectively and to strike. But a recent Supreme Court decision suggests that Federal legislation on these lines would be un- Constitutional and that such legislation would have to be passed by each individual State.

0

Freedom to emigrate is complete except where an individual is in breach of the law.

0