The International Court of Justice (ICJ) stated that workers have a right to strike.
The court was approached by the International Labour Organisation (ILO) in 2023 for an advisory opinion on the ILO Convention of 1948 and its Article 87.
“The court is of the opinion that the right to strike of workers and their organisations is protected
under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87),” stated the ICJ.
Ten votes to four was the outcome from the fourteen bench judges.
The court has a twofold role, with the first being to settle, in accordance with international law, legal disputes submitted by states. The second role is to give advisory opinions on legal questions referred to it by duly authorised United Nations organs and specialised agencies.
The request for an advisory opinion was transmitted to the court by the Director-General of the International Labour Office on 13 November 2023.
During the written phase of the proceedings, 31 written statements and 15 written comments were filed in the registry by states and organisations. The United Kingdom withdrew its written statement afterwards, followed by the United States.
The court held public hearings in the proceedings from 6 to 8 October 2025, during which 18 states and 5 organisations presented oral statements.
