THE United Nations’ top court issued a landmark ruling today, finding that a cornerstone labour treaty protects workers’ right to strike.

The International Court of Justice (ICJ) was asked in 2023 by the International Labour Organisation to settle an internal dispute over whether one of its conventions covers the right to strike. 

The word “strike” never appears in the 1948 Freedom of Association and Protection of the Right to Organise Convention, but 14 judges found that walkout actions are covered under its other guarantees.

“The protection of the right to strike is encompassed in the freedom of association,” court president Yuji Iwasawa said, reading the ruling in The Hague.

The convention has been ratified by 158 countries and is incorporated into employment guidelines and standards from the United Nations, the Organisation for Economic Co-operation and Development and various international trade agreements.

While advisory opinions are not legally binding, they carry significant weight and could have a worldwide impact on labour regulations and trade agreements.

International labour law expert Paul van der Heijden said the opinion gives workers “an important tool when their actions face legal opposition.”

The judges noted that in some cases the right to strike may be restricted, with Mr Iwasawa stressing the opinion does not determine “the precise content, scope or conditions for the exercise of that right.”

The ruling follows a landmark ICJ advisory opinion last year, finding that countries could violate international law by failing to take measures to protect the planet from climate change.