GNV News, 29 May 2026

On 21 May, 2026, the International Court of Justice (ICJ) issued an advisory opinion stating that the right to strike is protected by the International Labour Organization (ILO) Convention concerning Freedom of Association and Protection of the Right to Organise (commonly known as Convention No. 87). In 2023, the ILO had asked the ICJ for its view on whether the right to strike is recognized under this convention. For many years there had been disagreement among governments, employers’ representatives, and workers’ representatives over whether Convention No. 87 protects the right to strike.

Although the word “strike” never appears in the convention, workers’ representatives had argued that the right to strike is included within the right to organize guaranteed by Convention No. 87, and that it has long been recognized by the ILO’s supervisory bodies.

In its current advisory opinion, the ICJ emphasized that it was not defining the exact scope of the right to strike, but stated that “protection of the right to strike is encompassed within freedom of association,” and many domestic courts have accepted this as an authoritative legal finding. While ICJ advisory opinions are not legally binding judgments, they carry significant legal and political authority and are expected to influence debates and the development of domestic and international law. The decision does not mean that there will suddenly be a wave of strikes around the world; however, Convention No. 87 has been ratified by 158 countries, and it may lead to revisions of labor laws in countries that have not previously recognized employees’ right to strike.

Learn more about the relationship between the International Court of Justice (ICJ) and strikes → “ICJ holds hearings on the right to strike”

Learn about past cases concerning the right to strike → “Workers’ rights and international reporting”

Nationwide general strike in India on November 26, 2020 (Photo: IndustriALL Global Union / Flickr [CC BY-NC-ND 2.0])