UN Court Affirms Workers' Right to Strike in Landmark Ruling

The UN Court's Landmark Ruling on Workers' Rights

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 announced 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.

The finding came in a 10-4 ruling by the court's 14-member panel, resolving a long-standing dispute between workers' and employers' representatives over whether the treaty – known as Convention 87 – implicitly protects workers' right to strike.

The Legal Interpretation of Convention 87

The ILO, a United Nations agency that sets global labour standards, had asked for the advisory opinion in November 2023 amid the disagreement over the treaty's interpretation.

Although ICJ judges affirmed that the treaty enshrines the right to strike, 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 clarified.

Convention 87, which lays out protections concerning workers' and employers' freedom to organise, establish and join federations, has been ratified by 158 countries worldwide.

The Court's Reasoning Behind the Decision

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 opinion continued.

The judges concluded that the right to strike is "in line with the object and purpose" of the convention, effectively ending what the ILO described as "a long-standing difference of views" over Convention 87 among employers and workers.

Global Implications for Labor Rights

While the ICJ ruling is not legally binding, many local courts view the ICJ's opinions as authoritative precedents. Labour advocates expect it will influence countries that have not yet recognised employees' right to strike.

Harold Koh, who represented the International Trade Union Confederation, told the court the case was "about more than legal abstractions". "It will affect the real rights of tens of millions of working people around the world," he emphasized.

The ILO noted that asking the ICJ to resolve such a disagreement was an "exceptionally rare" move, highlighting the significance of this ruling in international labor relations.

Future of Workers' Rights Worldwide

This advisory opinion could lead to renewed efforts to strengthen labor protections in countries where the right to strike has been restricted or contested. The ruling provides international legal backing for workers' collective action.

Employer groups may now face increased pressure to negotiate in good faith, knowing that international law supports workers' rights to organize and strike. The ruling may also influence future interpretations of other labor-related international conventions.

As global labor markets continue to evolve, this ICJ opinion could serve as a foundation for addressing emerging challenges in workers' rights, including those in the gig economy and digital workplaces.