Top UN court rules workers’ right to strike ‘protected’ in key treaty

The nonbinding ruling is expected to be hailed as a victory by workers’ groups and influence global labour relations.The top United Nations court has ruled that workers and unions have the Right to strike under a key international treaty, an opinion that could shape labour laws around the world.International Court of Justice (ICJ) President Yuji Iwasawa said on Thursday that the court was “of the opinion that the Right to strike of workers and their organisations is protected” under the International Labour Organization’s (ILO) 1948 Freedom of Association treaty.Recommended Stories list of 4 itemslist 1 of 4About 50 million people trapped in ‘modern slavery’, says UNlist 2 of 4UN warns of social unrest after ‘striking’ drop in global wageslist 3 of 4South Korean truck drivers vote to end nationwide strikelist 4 of 4Why are nearly 50,000 Samsung workers about to strike in South Korea?end of listThe finding came in a 10-4 ruling by the court’s 14-member panel.The ILO, a United Nations agency that sets global labour standards, had asked for the advisory opinion in November 2023 amid a battle between workers’ and employers’ representatives over whether the treaty – known as Convention 87 – implicitly protects workers’ Right to strike.Although ICJ judges affirmed the treaty enshrines such a right, they emphasised their opinion was narrow.The conclusion “does not entail any determination on the precise content, scope or conditions for the exercise of that right”, Iwasawa said.While the ruling is not binding, many local courts view the ICJ’s opinions as authoritative. Labour advocates expect it will influence countries that have not recognised employees’ Right to strike.Convention 87 has been ratified by 158 countries.Long-standing disputeThe treaty lays out protections concerning workers’ and employers’ freedom to organise, establish and join federations.In its 43-page advisory opinion, the ICJ reasoned that strikes are “one of the main activities engaged in and tools used by workers and their organisations to promote their interests and improve conditions of labour”.