United Nations top court says right to strike is protected by a key labor treaty

THE HAGUE, Netherlands (AP) — The United Nations’ top court issued a landmark advisory opinion on the right to strike on Thursday, finding that a cornerstone labor treaty protects the ability of workers to walk off the job.

The International Court of Justice was asked in 2023 by the International Labor Organization, a U.N. agency, to settle an internal dispute over whether one of the ILO’s conventions gives workers the right to strike.

Advisory opinions aren’t legally binding but carry significant weight. The decision could have a worldwide impact on labor regulations, enshrining the right to strike in labor standards and international trade agreements.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

THE HAGUE, Netherlands (AP) — The United Nations’ top court is set Thursday to issue a landmark advisory opinion on the right to strike, clarifying whether employees are lawfully allowed to walk off the job.

The 15 judges at the were asked in 2023 by the International Labor Organization, a U.N. agency, to settle an internal dispute over whether one of the ILO’s conventions gives workers the right to strike.



The convention has been ratified by 158 countries and is incorporated into U.N. labor standards, guidelines from the Organization for Economic Cooperation and Development and international trade agreements. The United States is a member of the ILO, but hasn’t ratified the convention.

Advisory opinions aren’t legally binding but carry significant weight and the decision could have a worldwide impact on labor regulations.

A number of U.N. agencies can ask the ICJ to weigh in on legal questions and issue advisory opinions. Last year, the court said in that countries could be in violation of international law, if they fail to take measures to protect the planet from .

During hearings in October, the court in The Hague heard from 18 countries and five international organizations, including the ILO, with a number of other countries submitting written arguments. The majority of participants favored the right to strike.

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