ICJ rules the right to strike is protected under international law

IndustriALL, together with the ITUC and other global unions, has been at the forefront of defending this right since 2012, when employer representatives at the ILO began challenging the longstanding interpretation that Convention 87 protects the right to strike. In February 2015, IndustriALL joined a global day of action in more than 60 countries, pressing governments to defend the right to strike. Years of deadlock followed, with employers refusing to engage on freedom of association cases where the right to strike was at issue.

In November 2023, after nearly a decade of persistent pressure from workers' representatives, the ILO Governing Body took the unprecedented step of referring the question to the ICJ. IndustriALL responded by mobilizing affiliates and launching a global petition, making clear that the right to strike is not a privilege to be negotiated away. It is a fundamental pillar of freedom of association.

Today's ruling by the ICJ settles the dispute in favour of workers. While advisory opinions are not legally binding, they carry significant authority. Convention 87 has been ratified by 158 countries and is embedded in UN labour standards, OECD guidelines and international trade agreements. This gives the ruling far-reaching implications for labour law and industrial relations worldwide.

IndustriALL general secretary Atle Høie says:

"We have always been convinced of this outcome, but at the same time the opinion is a big relief. The right to strike is now once and for all confirmed as protected by ILO Convention 87. It is a big day for the world of work."