The International Court of Justice (ICJ) has ruled that workers’ right to strike is protected under a key International Labour Organisation (ILO) convention, settling a long-standing global dispute between employers and workers.
In a landmark advisory opinion delivered by 10 votes to four, the UN’s top court held that “the right to strike of workers and their organisations is protected” under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
Convention No. 87 guarantees workers and employers the freedom to form and join organisations without state interference.
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Although the treaty does not expressly mention strikes, the Court said this “does not necessarily mean that the issue is excluded” from the convention.
The judges found that strike action could fall within the activities and interests protected under the convention. However, the Court clarified that its ruling did not define the full limits or conditions of the right to strike, stating that “it does not entail any determination on the precise content, scope or conditions for the exercise of that right.”
The case was referred to the ICJ by the ILO Governing Body in November 2023 after years of disagreement among governments, employers and workers over whether Convention No. 87 includes the right to strike.
Employers argued that the convention contains no explicit provision supporting strikes, while workers’ representatives maintained that strike action is a fundamental part of freedom of association and has long been recognised by ILO supervisory bodies.
The Court’s opinion, while not legally binding, carries major legal and political influence on international labour law debates.
It also marks the first request of its kind sent to the ICJ by the ILO since the Court’s creation in 1945.
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