International Court to Clarify Strike Rights for Workers
The Hague: Is the right to strike of workers and their organisations protected under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)?
The International Court of Justice (ICJ) today opened public hearings at the Peace Palace in The Hague to address this landmark question, following a formal request from the International Labour Organization (ILO). The hearings will continue through Wednesday, October 8, 2025.
The proceedings stem from a November 2023 resolution of the ILO Governing Body, which acknowledged “serious and persistent disagreement” among its tripartite constituents — governments, employers, and workers — over whether Convention No. 87 protects the right to strike. The Governing Body requested the ICJ urgently render an advisory opinion on the issue, citing its importance for international labour standards. The request was transmitted to the ICJ by the ILO Director-General on November 13, 2023.
The Court organised the advisory proceedings by an Order of November 16, 2023, establishing deadlines for written statements and comments. In total, 31 written statements were filed by States and international organizations, including France, Spain, Italy, Germany, Bangladesh, South Africa, Japan, Canada, Brazil, and the ILO itself, along with submissions from the International Cooperative Alliance, International Trade Union Confederation, World Federation of Trade Unions, International Organisation of Employers, Business Africa, and the Organisation of African, Caribbean and Pacific States. A further 15 sets of written comments were submitted by September 2024. Subsequently, the United Kingdom and the United States withdrew portions of their submissions.
The hearings, which officially opened this morning at 10 a.m., saw the International Labour Office and International Trade Union Confederation present arguments on the essential nature of the right to strike for workers’ freedom of association. Later sessions will feature interventions by employers’ organisations and delegations from South Africa, Germany, Australia, Bangladesh, Colombia, and Cameroon. The second day will hear from Brazil, Egypt, Spain, Indonesia, Iraq, Mauritius, Mexico, Norway, Panama, and the United Kingdom. The final day will feature Uruguay, Somalia, Switzerland, Vanuatu, the International Cooperative Alliance, and Business Africa.
The ICJ’s advisory opinion, though not legally binding, is expected to carry substantial authority in shaping international labour law. Experts note that a clarification from the Court could influence dispute resolution in the ILO, impact national labour laws, and set precedents for workers’ rights globally. The case highlights tensions between workers’ organisations, who argue that the right to strike is intrinsic to freedom of association, and employers’ groups, who contend that the Convention does not explicitly guarantee such a right.
Practical arrangements for the hearings reflect the Court’s high-profile nature. Public attendance is extremely limited, with 15 seats available per session. Diplomats and accredited journalists were required to register by 2 October 2025, and a press room at the Peace Palace provides live transmission in English and French. Multimedia coverage, including photos and videos, is being made freely available for editorial use.
Since its establishment in 1945, the ICJ has acted as the principal judicial organ of the United Nations, settling disputes between States and issuing advisory opinions on legal questions referred by UN organs and specialised agencies. This advisory opinion on ILO Convention No. 87 will be the first time the ICJ has interpreted the Convention’s scope regarding the right to strike, with potential implications for millions of workers worldwide.
The hearings are scheduled to continue daily through Wednesday, 8 October, with the Court expected to deliver its advisory opinion in the months following, a ruling that could influence labour law, collective bargaining, and industrial relations on a global scale.
– global bihari bureau
