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U.N. top court says workers have the right to strike under main labour law treaty

The nonbinding 10-4 opinion could shape labor laws worldwide, with judges saying the treaty protects workers’ walkout rights.

  • On Thursday, the International Court of Justice issued a landmark advisory opinion affirming that the right to strike is protected under the International Labour Organization's 1948 Freedom of Association and Protection of the Right to Organize Convention.
  • The International Labor Organization requested this opinion in 2023 to resolve internal disputes, as the term 'strike' never appears in the 1948 treaty despite the ICJ finding walkouts covered under existing guarantees.
  • During October hearings, the court heard arguments from 18 countries and five international organizations. The 14-judge panel ultimately supported the right to strike in a 10-to-four vote.
  • Labor unions welcomed the ruling as a vital tool, though ICJ advisory opinions are not legally binding. International labor law expert Paul van der Heijden noted the decision provides crucial support for workers facing legal opposition.
  • Court president Yuji Iwasawa emphasized the ruling 'does not entail any determination on the precise content, scope or conditions for the exercise of that right,' though the opinion may influence future labor laws worldwide.
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The International Court of Justice has issued a long-awaited advisory opinion on the right to strike. The panel of judges recognised that the right to strike is an integral part of freedom of association. The decision brought to an end a long international dispute between employers' and workers' representatives over whether freedom of association includes the right of workers to strike.

·Vilnius, Lithuania
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In theory, Switzerland meets the requirements of the UN Court, but in practice it is rarely on strike.

·Zürich, Switzerland
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Lean Right

In 2023, ILO formally requested the intervention of the judges of the highest court of the international body to determine whether one of the ILO conventions granted workers the right to strike.

·Chile
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Associated Press News broke the news in United States on Thursday, May 21, 2026.
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