UN Court Backs Global Right To Strike

The United Nations’ top court has ruled that workers and trade unions possess a protected right to strike under a key international labour treaty, in a decision expected to influence labour laws and industrial relations worldwide.

In a 10-4 advisory opinion delivered Thursday, the International Court of Justice (ICJ) determined that the right to strike is protected under the International Labour Organization’s 1948 Freedom of Association Convention, commonly known as Convention 87.

ICJ President Yuji Iwasawa stated that the court concluded workers and their organizations are entitled to strike as part of the treaty’s protections concerning freedom of association and collective labour activity.

The case stemmed from a long-running dispute between employer groups and labour representatives over whether Convention 87 implicitly guarantees the right to strike, despite the treaty not explicitly mentioning strikes in its text.

The International Labour Organization (ILO), the United Nations agency responsible for global labour standards, referred the matter to the ICJ in November 2023 in what it described as an exceptionally rare move aimed at resolving the disagreement.

Although the ruling is advisory and nonbinding, legal analysts and labour advocates expect it to carry substantial international influence, as courts in many countries often treat ICJ opinions as authoritative interpretations of international law.

Convention 87 has been ratified by 158 countries.

In its opinion, the court reasoned that strikes are among the principal tools workers and unions use to defend their interests and improve labour conditions. The judges further stated that freedom of association is closely linked to workers’ ability to engage in collective action, including strikes.

However, the court emphasized that its decision was narrowly focused and did not define the precise scope, conditions, or limitations governing strikes within national legal systems.

The ruling is expected to be welcomed by labour organizations globally, particularly in countries where workers’ rights to strike remain restricted or disputed.

The ILO said the opinion effectively resolves what it called a “long-standing difference of views” between employers and workers regarding the interpretation of Convention 87.

During proceedings before the court, representatives for international trade unions argued that the case extended beyond legal theory and carried major implications for millions of workers globally.

The decision now places additional international legal weight behind organized labour movements seeking recognition of strike protections under international labour standards.