The International Court of Justice (ICJ) has initiated a groundbreaking set of advisory opinion hearings concerning the legal status of the right to strike under the International Labour Organization’s (ILO) Convention No. 87. These proceedings, which commenced on October 6 at the Peace Palace in The Hague, endeavor to clarify whether workers and their organizations possess an intrinsic right to strike under the Freedom of Association and Protection of the Right to Organise Convention, 1948.
This initiative arises after a request by the ILO in November 2023, marking the first such request to the ICJ from the ILO since 1932. Member States and numerous organizations have shown substantial interest, with 21 entities scheduled to participate in oral arguments and 31 written statements submitted. The position of workers is fervently represented by Paapa Danquah from the International Trade Union Confederation, emphasizing that striking is imperative for enhancing labor conditions and securing human dignity.
Conversely, Roberto Suárez Santos of the International Organisation of Employers argues that the Convention lacks any explicit or implicit acknowledgment of a right to strike. He contends that an affirmative interpretation by the ICJ could impose restrictive regimes that might interfere with national labor systems. The question presented to the court probes the inherent tensions and potential conflicts within international labor law, as detailed in JURIST.
The right to strike receives explicit recognition under Article 8 of the International Covenant on Economic, Social, and Cultural Rights. Furthermore, foundational international human rights documents, such as Articles 20 and 23 of the Universal Declaration of Human Rights and Articles 21 and 22 of the International Covenant on Civil and Political Rights, underscore the right to form unions and the freedom of peaceful assembly and association.
The backdrop to this legal inquiry includes sobering insights from the 2025 edition of the ITUC Global Rights Index, which reports that workers face limited access to justice in 72 percent of countries, a significant increase from the previous year. Alarmingly, violations of the right to strike were documented in 87 percent of countries, highlighting profound systemic challenges.
The ICJ’s considerations will be watched keenly, as its advisory opinion could have lasting implications on the interpretation and enforcement of labor rights worldwide. The proceedings underscore the ILO’s tripartite structure, representing governments, employers, and workers, contributing a complex layer to these deliberations. The legal community, multinational corporations, and labor organizations alike await the court’s nuanced interpretation with great anticipation.