ICJ Affirms Workers' Right to Strike Under ILO Convention

On November 2023, the International Court of Justice (ICJ) delivered a landmark advisory opinion affirming the right to strike for workers under the International Labour Organization (ILO) Convention No. 87. The court ruled with a 10-4 vote, stating that the right to strike falls within the activities protected by the freedom of association as outlined in the 1948 convention.

Although the treaty does not explicitly mention the right to strike, the court clarified that this does not exclude the issue from the convention's protections. The judgment emphasized that while the court does not define the full limits and conditions of the right to strike, it is an integral part of the freedom of association.

The opinion, while not legally binding, carries significant legal and political influence in international labor law debates. This ruling marks the first request of its kind sent to the ICJ since the ILO's establishment in 1945.