THE HAGUE, Netherlands (AP) — The United Nations’ top court issued a landmark advisory opinion on the right to strike on Thursday, finding that a cornerstone labor treaty protects the ability of workers to walk off the job. The International Court of Justice was asked in 2023 by the International Labor Organization, a U.N. agency, to settle an internal dispute over whether one of the ILO’s conventions gives workers the right to strike. Advisory opinions aren’t legally binding, but carry significant weight. The decision could have a worldwide impact on labor regulations, enshrining the right to strike in labor standards and international trade agreements. The word “strike” never appears in the 1948 Freedom of Association and Protection of the Right to Organize Convention, but the ICJ’s 14 judges found walkout actions are covered under the other guarantees.
“The protection of the right to strike is encompassed in the freedom of association,” court president Yuji Iwasawa said, reading out the ruling in the Great Hall of Justice in The Hague.The convention has been ratified by 158 countries and is incorporated into a variety of employment guidelines and standards, including those from the United Nations, the Organization for Economic Cooperation and Development and various international trade agreements.
