The highest court of the United Nations issued a significant advisory ruling affirming the right to strike, emphasizing that a fundamental labor treaty safeguards workers’ ability to engage in strikes. The International Court of Justice (ICJ), at the request of the International Labour Organization (ILO), settled an internal dispute regarding whether one of the ILO conventions grants workers the right to strike.
Although advisory opinions are not legally binding, they hold substantial influence. This ruling has the potential to impact labor regulations globally, solidifying the right to strike within labor standards and international trade accords. Despite the absence of the term “strike” in the 1948 Freedom of Association and Protection of the Right to Organize Convention, the ICJ’s 14 judges determined that walkout actions fall under the convention’s protections.
Court president Yuji Iwasawa stated that “The protection of the right to strike is encompassed in the freedom of association” while announcing the ruling in The Hague. The convention has been ratified by 158 countries, including Canada, and is integrated into various employment guidelines and standards, including those of the United Nations, the Organization for Economic Cooperation and Development, and multiple international trade agreements.
Although the United States is an ILO member, it has not ratified the convention. Despite the favorable advisory opinion from the ICJ, expert Paul van der Heijden cautioned that the right to strike may still encounter limitations when facing legal challenges. The judges clarified that the ruling does not dictate the exact content, scope, or conditions for exercising the right to strike.
The ICJ can be approached by several UN agencies to address legal queries and offer advisory opinions. In a landmark ruling last year, the court indicated that nations could breach international law if they neglect measures to safeguard the environment from climate change. During the hearings in October, the court received input from 18 countries and five international organizations, including the ILO, with additional countries presenting written arguments.
The majority of participants supported the right to strike, a safeguard already established in most European nations.
