The highest court of the United Nations has released a significant advisory opinion affirming the right to strike, stating that workers have the protected freedom to go on strike. In 2023, the International Court of Justice (ICJ), at the request of the International Labour Organization (ILO), a UN agency, resolved an internal debate 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 decision has the potential to impact labor regulations globally by solidifying the right to strike within labor standards and international trade agreements. 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 strike actions are encompassed by other guarantees.
During the reading of the ruling at the Great Hall of Justice in The Hague, court president Yuji Iwasawa emphasized that the protection of the right to strike falls under the umbrella of freedom of association. The convention has been ratified by 158 countries, including Canada, and is integrated into various employment guidelines and standards, such as those of the United Nations, the Organization for Economic Cooperation and Development, and different international trade agreements.
Although the United States is a member of the ILO, it has not ratified the convention. Notably, while the ICJ’s advisory opinion provides workers with a valuable recourse when faced with legal challenges to their actions, it was clarified that the right to strike may still be subject to limitations. The opinion does not dictate the specific parameters or conditions for exercising this right.
The ICJ can be approached by several UN agencies to address legal queries and provide advisory opinions. In a precedent-setting advisory opinion last year, the court asserted that countries could breach international law if they do not take action to safeguard the planet from climate change. In hearings held in October, the court heard from 18 countries and five international organizations, including the ILO, with additional countries submitting written arguments. The majority of participants supported the right to strike, a safeguard already established in most European nations.
