The nonbinding ruling is expected to be hailed as a victory by workers’ groups and influence global labour relations. Published On 21 May 202621 May 2026The 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.Recommended Stories list of 4 itemsend of listThe 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.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. Labour advocates expect it will influence countries that have not recognised employees’ right to strike.Convention 87 has been ratified by 158 countries.Long-standing disputeThe treaty lays out protections concerning workers’ and employers’ freedom to organise, establish and join federations.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”. Advertisement “At the same time, freedom of association is instrumental in facilitating workers’ organisations to take coll …
