The ICJ has issued an advisory opinion on whether the right to strike is protected under ILO Convention 87. It’s non-binding but influential, shaping how unions, policymakers, and workplaces view strike actions across 158 ratifying countries. Read on for the what, why, and what comes next—and see the key questions readers are asking right now.
Responses to the ICJ advisory have varied by country and labor context. Some national labor bodies and unions welcomed the ruling as recognition of the right to strike, while governments and business groups framed it as a narrowly scoped advisory. The coverage highlights Ghana’s TUC praise and notes that other countries are assessing implications for policy and labor law.
Because the opinion is advisory and non-binding, actual policy changes depend on national legislative processes and local union actions. Watch for statements from national labor ministries, parliamentary debates, and ILO follow-ups. In some countries, reforms or clarifications to labor codes may be announced within the coming months.
Unions generally view the opinion as a validation of the right to strike as part of freedom of association. Some groups may push for longer-term campaigns, clearer protections, or broader interpretation of strike-related activities under Convention 87. Expect discussions on procedural safeguards, picketing, and collective bargaining leverage.
In the near term, unions could use the advisory to strengthen bargaining positions, push for clearer national protections, or mobilize support around strikes as a legitimate tool. There may be intensified coordination across countries, along with careful messaging to balance legal risk and collective action.
Advisory opinions from the ICJ carry weight because they frame international legal interpretations and guide how countries apply conventions. While not legally binding, the opinion can influence court interpretations, national policy approaches, and how unions frame legal arguments in labor disputes.
The ICJ’s opinion states that the right to strike is protected under ILO Convention 87. It emphasizes strikes as a key tool for collective action within the framework of freedom of association. The opinion is described as narrow in scope and not a detailed ruling on content or limits of the right.
The Trades Union Congress (Ghana) has hailed what it says is a landmark Advisory Opinion by the International Court of Justice (ICJ) affirming that the right to strike is protected under international labour law.