Top UN court rules workers’ right to strike ‘protected’ in key treaty | Workers’ Rights News
ICJ Rules Workers Have Right to Strike Under International Treaty
May 21, 2026
The International Court of Justice (ICJ) has ruled that workers and their unions have the right to strike, a decision that may significantly influence global labor relations.
In an opinion announced Thursday, ICJ President Yuji Iwasawa stated that this right is protected under the International Labour Organization’s (ILO) 1948 Freedom of Association treaty. The court expressed its view in a 10-4 ruling by its 14-member panel.
The ILO, a United Nations agency that establishes global labor standards, sought the advisory opinion in November 2023 amidst ongoing debates between workers’ and employers’ representatives regarding the treaty, known as Convention 87. The central question was whether the convention implicitly safeguards workers’ rights to strike.
While the ICJ confirmed that the treaty encompasses the right to strike, it clarified that its opinion was narrow in scope. “This conclusion does not entail any determination on the precise content, scope or conditions for the exercise of that right,” Iwasawa noted.
Although the ruling is non-binding, many national courts regard ICJ opinions as authoritative. Labor advocates anticipate that this decision will impact countries that have yet to recognize employees’ rights to strike. Convention 87 has been ratified by 158 nations.
The treaty outlines protections for workers’ and employers’ rights to organize and form federations. In its 43-page advisory opinion, the ICJ emphasized that strikes are fundamental activities employed by workers and their organizations to advocate for their interests and improve labor conditions. It further stated that freedom of association is crucial for facilitating collective action, including the right to strike.
The ruling aims to resolve what the ILO described as a “long-standing difference of views” regarding Convention 87. The organization’s move to seek the ICJ’s involvement was labeled “exceptionally rare.”
Harold Koh, representing the International Trade Union Confederation, emphasized the ruling’s broader implications, stating, “It will affect the real rights of tens of millions of working people around the world.”
