ICJ Rules Workers’ Right to Strike Protected Under ILO Convention 87

*TL;DR: The International Court of Justice, by a 10‑4 vote, declared that the right to strike is protected under the International Labour Organization’s 1948 Freedom of Association Convention.

Context The United Nations’ top court issued a non‑binding advisory opinion after the International Labour Organization (ILO) asked for clarification on whether its 1948 Freedom of Association treaty implicitly guarantees the right to strike. The question had divided employers and unions for decades.

Key Facts - The court’s 14‑member panel adopted the opinion with ten judges in favor and four dissenting. - President Yuji Iwasawa stated the court is “of the opinion that the right to strike of workers and their organisations is protected” by the treaty. - The ILO’s Freedom of Association Convention, known as Convention 87, has been ratified by 158 countries, covering the majority of the world’s workforce. - The 43‑page opinion describes strikes as a primary tool for workers to promote their interests and improve labour conditions, linking the activity directly to the treaty’s purpose.

What It Means Although the ruling carries no binding force, it adds authoritative weight to the treaty’s interpretation. National courts often treat ICJ advisory opinions as persuasive, so the decision could influence jurisdictions that have not yet recognized a legal right to strike. Labour groups anticipate the opinion will bolster campaigns for stronger collective‑bargaining rights, while employers may face heightened scrutiny when restricting industrial action.

The judges cautioned that the opinion does not define the exact scope, content, or conditions for exercising the right to strike. This narrow framing leaves room for future disputes over how the right is applied in specific legal systems.

Looking Ahead Watch for how domestic courts in non‑ratifying states respond to the opinion and whether the ILO leverages the ruling to push for broader ratification of Convention 87.