The Hague, August 2024 — The International Court of Justice (ICJ) is currently deliberating on whether the International Labour Organization (ILO) Convention No. 87 safeguards the right of trade unions to strike, a crucial issue that could reshape global labor rights. This high-stakes evaluation comes in response to a request for an advisory opinion from the ILO, following a significant deadlock in 2012 when employer representatives walked out of negotiations over the contentious issue.
For decades, the right to strike has been a cornerstone of industrial relations, empowering workers to negotiate better conditions and fair wages. However, the explicit inclusion of this right in international law has been a subject of ongoing debate. While ILO Convention No. 87 does not specifically mention the right to strike, it has been interpreted by ILO bodies as an integral part of the freedom of association, essential for unions to represent their members effectively.
The ICJ’s impending decision could have far-reaching implications. If the Court rules that the Convention does not protect the right to strike, it could lead to significant uncertainty regarding the status of this right within the ILO framework. This uncertainty has prompted discussions about possible alternatives, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the European Social Charter (ESC).
The ICESCR, although widely adopted, offers limited protection for the right to strike due to the considerable discretion it grants to individual states. This makes the right under ICESCR heavily dependent on the ILO’s interpretation. The ESC, while explicitly protecting the right to strike, is restricted in its geographical application to Europe and imposes stricter limitations on the types of collective action allowed.
As the ICJ weighs its decision, the international labor community awaits an outcome that could redefine the future of the right to strike globally. The ruling is expected to have a profound impact on how collective labor rights are understood and protected in the years to come.
