International Court of Justice confirms right to strike under international labour law

At a glance

• On May 21, 2026, the International Court of Justice (ICJ) issued an Advisory Opinion on the right to strike.
• The opinion was delivered in response to a question from the International Labour Organization.
• The Court confirmed that the right to strike is protected under Convention No. 87 on freedom of association.
• This development reinforces the international recognition of strike rights as part of fundamental labour protections.
• While advisory in nature, the opinion may influence the interpretation of labour rights at both national and international levels.

On May 21, 2026, the ICJ Justice issued an Advisory Opinion in response to a request from the International Labour Organization concerning the scope of workers’ rights under international law.

In its opinion, the ICJ confirmed that the right to strike by workers and their organisations is protected under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Although the opinion is not binding, it provides authoritative guidance on the interpretation of Convention No. 87 and is likely to influence how the right to strike is understood and applied in both international and domestic labour law contexts.