Full Breakdown
ICJ Advisory Opinion Affirms Right to Strike
5/22/2026, 4:33:16 AM
Ruling
On Thursday, International Court of Justice issued a non-binding advisory opinion affirming that the right to strike is protected by International Labour Organization’s 1948 Freedom of Association and Protection of the Right to Organize Convention (Convention 87). The 14-judge panel voted 10-4, interpreting ‘freedom of association’ to include walk-out actions despite the treaty not using ‘strike’.
Background
Convention 87, ratified by 158 states, guarantees freedom to organize. The ILO asked the ICJ for an opinion in November 2023 to resolve a dispute between employer and worker representatives over whether the treaty implicitly protects strikes. The 43-page opinion says strikes are a tool for workers to advance labour interests, but it does not define the scope of the right.
Data
Fourteen judges sat; the decision was 10-4. Convention 87 has been ratified by 158 countries, though United States remains a non-ratifier. The 43-page opinion references the 1948 treaty text. Court President Yuji Iwasawa read the ruling in the Great Hall of Justice.
Impact
The advisory opinion carries persuasive weight in national courts and could shape labour legislation in jurisdictions that have not recognised a right to strike. It may affect trade agreements that reference ILO standards. Union leaders say the ruling will affect the real rights of tens of millions of workers worldwide.
Official
ICJ President Yuji Iwasawa said the protection of the right to strike is encompassed in freedom of association. Labour-law scholar Paul van der Heijden called it an important tool for workers facing legal opposition. The ILO described the decision as ending a difference of views between employers and workers.
Criticism
The judges warned that the right to strike may be restricted in certain circumstances and that the opinion does not delineate those limits. Legal analysts note that, because the ruling is non-binding, national courts may interpret it variably, leaving workers in countries with restrictive strike laws unchanged.
Verbatim Quotes
- “As any trade unionist will tell you, there is no right to organize without the right to strike!” — Christy Hoffman, UNI Global Union
- “The protection of the right to strike is encompassed in the freedom of association,” — Yuji Iwasawa, President, International Court of Justice
- “At the same time, freedom of association is instrumental in facilitating workers’ organisations to take collective action to further and defend the interests of their members, including through the exercise of the right to strike,” — ICJ Opinion
- “about more than legal abstractions” — Harold Koh, International Trade Union Confederation
- “It will affect the real rights of tens of millions of working people around the world,” — Harold Koh, International Trade Union Confederation
Outlook
The advisory opinion is expected to influence labour laws globally, with local courts viewing ICJ opinions as authoritative and labour advocates anticipating impact in countries that have not recognised a right to strike.
