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the Three Basic Labor Rights
Teachers’ strike right
National Taiwan Normal University Graduate Institute of Political Science Title of Thesis：A Study of the Feasibility of Teachers’ Strike Right in Taiwan Student ：Li-Chiu Yu Advisor：Wen-Cheng Chen Ph.D. Abstract： According to Article 4 of the Trade Union Law, teachers, government employees, and workers in munitions factories are prohibited from organizing unions. Thus, teachers in Taiwan are not allowed to organize Teachers’ Union, not even to fight for the Three Basic Labor Rights. Teachers are allowed to form Teachers’ organization since Teachers’ laws was implemented. It seems teachers’ rights to organize have been protected. Though normal organization rights do not equal to rights to share Three Basic Labor Rights. Thus, the National Teachers’ Association keeps claiming to release Teachers’ Union and strike right. The authority and parents’ group try to interfere to release Teachers’ Union and strike right for the reason of invading the right of students’ learning. Underneath the myth of learning right and the public interests of the Constitution Article 23, teachers are deprived of the basic right to organize Teachers’ Union. This research tries to analyze the legitimacy of teachers’ strike right, including the inspection of teachers’ strike in America, England, and Japan. The mode, predicament, and potential accesses of performing teachers’ strike are discussed. From the aspects above, the basic human rights of organizing Teachers’ Union and teachers’ strike right are discussed. In conclusion, this thesis claims that teachers’ strike right has its legitimacy from the perspectives of historic significance and human rights. The Study emphasizes that it is not easy to launch a strike, it requires a cautions process which is based on deliberative discuss. In consideration of public opinion and teachers’ right, this thesis suggests releasing teachers’ strike right step by step. Children’s right to study and public interests should be considered. The issue of teachers’ strike can be produced by revising the Constitution, or by promoting the referendum with elections. We can set the referendum of educational policy, listening to citizens who care about education. To urge Parliament to look at the issue, modifying teachers’ laws and unions laws, releasing pluralistic development of teachers’ organizations by filing a plead for interpreting the Constitution. If teachers’ right to strike could be liberated, it would be an important milestone of human right education and liberation of capus authoritarianism. Key words：Teachers’ organization, the Three Basic Labor Rights, Teachers’ Union, Teachers’ strike right
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