UN World Court says right to strike is protected under ILO Convention

On 21 May 2026, the International Court of Justice (ICJ) ruled that the right to strike is protected under the International Labour Organization's (ILO) Freedom of Association and Protection of the Right to Organise Convention (No. 87). The International Federation of Journalists (IFJ) welcomes this recognition, as the right to strike is essential for journalists and media workers to oppose any attempt to threaten or downsize their labour rights.

Credit: NICK GAMMON / AFP

The ICJ's landmark advisory opinion follows the ILO's referral of a case to the ICJ in November 2023, concerning an internal dispute between workers, employers, and governments regarding the scope of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The ICJ ruled in the advisory opinion that the right to strike cannot be excluded from the treaty, despite there being no explicit reference to it.

The ruling recognised that the right to strike was protected under ILO Convention 87. The Organisation's Governing Body is set to address the ruling at its next session in November 2026.

IFJ General Secretary Anthony Bellanger said: "This ICJ ruling is a great win for the trade union movement. The right to strike is an essential part of the right to organise and a vital instrument for workers in their struggle to improve working conditions. Many victories for journalists and media workers around the world have been achieved through the right to strike. We expect the ILO to comply with the ICJ's ruling and call on journalists and media workers to join the fight for fair pay, decent working conditions, and the defence of labour rights."