Right to strike: International Court hearings take place in the Hague

The Jurist reports:

‘The International Court of Justice (ICJ) on Monday commenced advisory opinion hearings on the right to strike under International Labour Organization (ILO) Convention No. 87.

The court will advise as to whether workers and their organizations have a right to strike under the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87). The Convention has been globally recognized, with 158 countries ratifying it, and proceedings have drawn broad participation, with 21 nations and organizations expected to take the stand and 31 written statements already submitted to the ICJ Registry.

Pre-hearing arguments have come from both employers and workers. Paapa Danquah, representing the International Trade Union Confederation (ITUC), asserted that the right to strike is a “vital tool to improve labor conditions and defend human dignity.”

In response, Roberto Suárez Santos, representing the International Organisation of Employers (IOE), stated that the Convention neither explicitly nor implicitly recognizes a right to strike and warned that such interpretation would impose a “prescriptive regime” and disrupt national labor systems.

The ILO requested an ICJ advisory opinion on the question in November 2023 pursuant to Article 37(1) of the ILO Constitution and Article 65(1) of the ICJ Statute. According to Tomi Kohiyama, ILO legal adviser, the ICJ had not received a hearing request of this kind from the ILO since 1932.

Kohiyama stated that the ILO Secretariat would refrain from taking any position on the issue and would merely assist the court by providing contextual information and interpretative approaches under the Vienna Convention on the Law of Treaties.

Presiding Judge Yūji Iwasawa presented the formal question to the bench, recalling the court’s purpose and procedural authority while emphasizing the ILO’s tripartite structure, which represents governments, employers, and workers.

The right to strike is expressly recognized under Article 8 of the International Covenant on Economic, Social, and Cultural Rights. Articles 20 and 23 of the Universal Declaration of Human Rights guarantees a worker’s right to form and join unions and, similarly, articles 21 and 22 of the International Covenant on Civil and Political Rights reinforce the right to peaceful assembly and freedom of association.

According to the 2025 edition of the ITUC Global Rights Index, workers faced little or no access to justice in 72 percent of countries, a sharp increase from 65 percent in 2024. The report also found that the right to strike was violated in 87 percent of countries.’

Earlier this week, ITUC General Secretary Luc Triangle said:

For democracy and social justice, the right to strike is fundamental, and this must be recognised once and for all in international law.

We look forward to putting our case to the ICJ, demonstrating that this right is essential for workers to secure a fair deal, and that they must be able to take strike action without fear or repression.

Oral proceedings before the ICJ took place between October 6th – October 8th at the Peace Palace in the Hague.