In landmark labour case, UN World Court weighs in on right to strike
Source: UN News
By Vibhu Mishra
6 October 2025 Human Rights
The International Court of Justice (ICJ) opened hearings on Monday to determine whether the right to strike is protected under international law – the first time the world’s top court has been asked to weigh in on the balance between workers’ rights and employers’ interests.
The case stems from a 2023 request by the Governing Body of the International Labour Organization (ILO), which asked the Court for an advisory opinion on whether the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) includes the right to strike.
Adopted in the aftermath of World War Two, Convention 87 is a cornerstone of international labour law, guaranteeing workers and employers the right to form and join organizations of their choosing. It does not explicitly mention strikes, but advocates have long interpreted freedom of association to include that right.
ICJ President Yūji Iwasawa began Monday’s proceedings by reading the formal question to the judges, referencing the ILO’s resolution and the Court’s procedural authority. He noted the “tripartite structure of the ILO, which is comprised of representatives of governments, employers and workers.”
ILO/Marcel Crozet Trade union members France during a nationwide strike. (file)
By Vibhu Mishra
Read more: https://news.un.org/en/story/2025/10/1166044