The UN General Court rules that the right of workers to strike is ‘protected’ in a fundamental agreement | Labor Rights Issues

The controversial decision is expected to be hailed as a victory for labor groups and affect international relations.

The United Nations High Court has ruled that workers and unions have the right to strike under the most important international treaty, an idea that will shape labor laws around the world.

The President of the International Court of Justice (ICJ) Yuji Iwasawa said on Thursday that the court “says that the right to strike by workers and their organizations is protected” under the International Labor Organization (ILO) 1948 Freedom of Association.

This came in a 10-4 decision by a panel of 14 members of the court.

The ILO, the United Nations agency that sets labor standards around the world, asked for an opinion in November 2023 amid a dispute between workers’ and employers’ representatives over whether the agreement – known as Convention 87 – protects workers’ right to strike.

Although the judges of the ICJ affirmed that the treaty provides such a right, they emphasized that their views were limited.

The final word “does not include the determination of the content, extent or conditions of the exercise of the right”, said Iwasawa.

Although the decision is not binding, many local courts consider the ICJ’s opinion as authoritative. Labor advocates hope that this will affect countries that have not recognized workers’ right to strike.

The 87th Convention has been ratified by 158 countries.

A long argument

The agreement contains safeguards regarding the right of workers and employers to form, organize and join unions.

In its 43-page advisory opinion, the ICJ concluded that strikes are “one of the main tools used by workers and unions to promote their interests and improve working conditions”.

“At the same time, the right to association is an enabling area for trade unions to take action to promote and protect the interests of their members, including the exercise of the right to strike,” the opinion continued.

The right to strike is thus “consistent with the purpose and intent” of the convention, the judges said.

The decision ends what the ILO described on Thursday as a “long-standing dispute” over Convention 87 between employers and employees.

Asking the ICJ to resolve the dispute was “extremely rare”, the commission added.

Harold Koh, who represented The International Trade Union Confederation, told the court that the case is “more than legal documents”.

“It will affect the real rights of millions of working people around the world,” he said.