International Court of Justice affirms right to strike under ILO Convention 87

On 21 May, the International Court of Justice (ICJ) issued an advisory opinion confirming that the right to strike is protected by the International Labour Organization’s Convention 87 on freedom of association. The Court stated that the right to strike is a “fundamental pillar of trade‑union freedom” and integral to the convention’s guarantees.

The ruling was welcomed by Argentine labor leaders. Gerardo Martínez, secretary‑general of the General Confederation of Labor of Construction (UOCRA), said the decision “is an indisputable and fundamental right of trade‑union freedom”. He added that the opinion provides a legal model for countries, like Argentina, facing restrictive labor reforms.

The opinion clarifies that, although Convention 87 does not explicitly mention strikes, the right to strike is encompassed within the freedoms of association and collective action protected by the convention. The decision is expected to influence labor‑law debates and policies worldwide.