The International Court of Justice (ICJ), the United Nations' highest judicial body, has ruled that workers and trade unions have the right to strike under a major international labor treaty. While the advisory opinion is not legally binding, it is expected to have an impact on labor codes worldwide.
ICJ President Yuji Iwasawa said Thursday that the court “finds that the right to strike of workers and their organizations is protected” under the International Labour Organization's (ILO) 1948 Freedom of Association Convention. The ruling was delivered by a 10-4 majority among the court's 14 judges.
The ILO, a UN agency responsible for setting global labor standards, requested the advisory opinion from the ICJ in November 2023. This move came amid a debate between employer and worker representatives over whether Convention 87 implicitly protects the right of workers to strike.
While affirming that the convention protects this right, the ICJ judges emphasized their opinion was narrow in scope. Iwasawa said the conclusion “does not make any determination as to the exact content, scope or conditions for the exercise of that right.”
Although the ruling is not binding, many national courts regard ICJ opinions as authoritative. Labor advocates hope it will influence countries that have not yet recognized workers' right to strike. Convention 87 has so far been ratified by 158 countries.
In its 43-page advisory opinion, the ICJ argued that strikes are “one of the principal activities and instruments used by workers and their organizations to promote their interests and improve working conditions.” The judges concluded that the right to strike is “consistent with the object and purpose” of the convention.
The ruling ends a long-standing debate between employer and worker groups over Convention 87. The ILO described its request to the ICJ to resolve such a disagreement as “particularly rare.” Harold Koh, representing the International Trade Union Confederation, told the court: “This case is not just about abstract legal concepts. It will affect the real rights of tens of millions of workers worldwide.”
