If after their interminable deliberations, the Eurojudges were to decide that 'a trip to the Caribbean' is indeed a Human Right, can we all get one?
The argument is not that the trip to the Caribbean is a human right, but that there is a "Right to Strike" without there being any form of discrimination or punishment involved.
There is actually a wider point of law here; the various treaties and agreements that the UK has ratified actually make it clear that taking strike action should be viewed as a suspension of contract rather than a breach of contract. It is an interesting note that for 13 years a Labour government saw fit to do nothing about this failure to comply with the relevant EU legislation on this. A Tory/LibDem government with a stated intent to reassert the supremacy of UK courts over the EU is extremely unlikely to change anything.
As any case that goes upto the ECHR is basically a case of individuals against a state, that state's law's having failed to protect those human rights, BASSA will need to get the government to change it's policy for this approach to work.
There is an interesting case that may have some relevance, that of Danilenkov Vs Russia. The case revolves around discrimination for union activities. Sound familiar? Well Danilenkov et al won, but read the whole thing and you find that the victory was pyrrhic - each of those in the case were awarded 2500 Euros compensation, but never got back their jobs, and the whole thing took several years.