Top UN court rules workers' right to strike protected' in key treaty

The International Court of Justice ruled that workers and their organisations have a right to strike protected under the ILO’s 1948 Freedom of Association Convention 87. The decision came from a 10-4 vote by a 14-member panel. The ILO sought an advisory opinion after a dispute over whether the treaty implicitly covers the right to strike. The court affirmed that strikes are among the main activities and tools used by workers and unions to promote interests and improve labour conditions. The court also stated that freedom of association enables collective action, including through striking. The ruling is nonbinding and does not determine the precise scope or conditions for exercising the right, but it may influence countries that have not recognized it.

"The top United Nations court has ruled that workers and unions have the right to strike under a key international treaty, an opinion that could shape labour laws around the world. International Court of Justice (ICJ) President Yuji Iwasawa said on Thursday that the court was of the opinion that the right to strike of workers and their organisations is protected under the International Labour Organization's (ILO) 1948 Freedom of Association treaty."

"Although ICJ judges affirmed the treaty enshrines such a right, they emphasised their opinion was narrow. The conclusion does not entail any determination on the precise content, scope or conditions for the exercise of that right, Iwasawa said. While the ruling is not binding, many local courts view the ICJ's opinions as authoritative."

"In its 43-page advisory opinion, the ICJ reasoned that strikes are one of the main activities engaged in and tools used by workers and their organisations to promote their interests and improve conditions of labour. At the same time, freedom of association is instrumental in facilitating workers' organisations to take collective action to further and defend the interests of their members, including through the exercise of the right to strike,"

"The finding came in a 10-4 ruling by the court's 14-member panel. The ILO, a United Nations agency that sets global labour standards, had asked for the advisory opinion in November 2023 amid a battle between workers' and employers' representatives over whether the treaty known as Convention 87 implicitly protects workers' right to strike."

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