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.
51 Articles
51 Articles
UN top court says 'right to strike' protected under key labour treaty
AMSTERDAM: The right to strike is internationally protected under a key labour treaty, according to an advisory legal opinion by the International Court of Justice (ICJ), the UN's top judges in The Hague said on Thursday, reported German news agency dpa.
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.
In theory, Switzerland meets the requirements of the UN Court, but in practice it is rarely on strike.
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.
International Court of Justice rules workers have right to strike under key labour law treaty
The UN top court secures workers' rights after the United Nations International Court of Justice ICJ announced that workers have a right to protest. The UN's highest court on Thursday said workers...
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