politics
UN Court Rules Workers Have Right to Strike Under Key Treaty
The International Court of Justice issued a nonbinding advisory opinion stating that the right to strike is protected under the International Labour Organization’s 1948 Freedom of Association treaty. The 10-4 ruling came after the ILO requested clarification amid a long-standing dispute between workers’ and employers’ groups.
May 21, 1:05 PM·1m read2 sources
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The court issued its advisory opinion on 21 May 2026.
Background to the Ruling The ILO, a United Nations agency that sets global labour standards, requested the advisory opinion in November 2023. The request followed a dispute between workers’ and employers’ representatives over whether the treaty, known as Convention 87, implicitly protects the right to strike.
The court’s 14-member panel delivered a 10-4 ruling. Judges emphasised that the opinion was narrow and did not determine the precise content, scope or conditions for exercising the right.
In its 43-page advisory opinion, the court 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”. The opinion stated that freedom of association is instrumental in facilitating workers’ organisations to take collective action, including through the exercise of the right to strike.
The judges concluded that the right to strike is “in line with the object and purpose” of the convention. The ruling ends a long-standing difference of views over Convention 87 among employers and workers, according to the ILO. Labour advocates expect the decision will influence countries that have not recognised employees’ right to strike.
Convention 87 has been ratified by 158 countries. The treaty lays out protections concerning workers’ and employers’ freedom to organise, establish and join federations.
