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The International Court of Justice (ICJ) commenced advisory opinion hearings on the right to strike under International Labour Organization (ILO) Convention No. 87 on Monday.
The court will advise as to whether workers and their organizations have a right to strike under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Convention has been globally recognized, with 158 countries ratifying it, and proceedings have drawn broad participation, with 21 nations and organizations expected to take the stand and 31 written statements already submitted to the ICJ Registry.
Pre-hearing arguments have come from both employers and workers. Paapa Danquah, representing the International Trade Union Confederation (ITUC), asserted that the right to strike is a “vital tool to improve labour conditions and defend human dignity.”
In response, Roberto Suárez Santos, representing the International Organisation of Employers (IOE), stated that the Convention neither explicitly nor implicitly recognizes a right to strike and warned that such interpretation would impose a “prescriptive regime” and disrupt national labor systems.
The ILO requested an ICJ advisory opinion on the question in November 2023 pursuant to Article 37(1) of the ILO Constitution and Article 65(1) of the ICJ Statute. According to Tomi Kohiyama, ILO legal adviser, the ICJ had not received a hearing request of this kind from the ILO since 1932.
Kohiyama stated that the ILO Secretariat would refrain from taking any position on the issue and would merely assist the court by providing contextual information and interpretative approaches under the Vienna Convention on the Law of Treaties.
Presiding Judge Yūji Iwasawa presented the formal question to the bench, recalling the court’s purpose and procedural authority while emphasizing the ILO’s tripartite structure, which represents governments, employers, and workers.
The right to strike is expressly recognized under Article 8 of the International Covenant on Economic, Social, and Cultural Rights. Articles 20 and 23 of the Universal Declaration of Human Rights guarantees a worker’s right to form and join unions and, similarly, articles 21 and 22 of the International Covenant on Civil and Political Rights reinforce the right to peaceful assembly and freedom of association.
According to the 2025 edition of the ITUC Global Rights Index, workers faced little or no access to justice in 72 percent of countries, a sharp increase from 65 percent in 2024. The report also found that the right to strike was violated in 87 percent of countries.
Oral proceedings before the ICJ are scheduled October 6-8 at the Peace Palace in the Hague.
The post ICJ holds first-ever hearings on legal status of labor right to strike appeared first on JURIST - News.
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The court will advise as to whether workers and their organizations have a right to strike under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Convention has been globally recognized, with 158 countries ratifying it, and proceedings have drawn broad participation, with 21 nations and organizations expected to take the stand and 31 written statements already submitted to the ICJ Registry.
Pre-hearing arguments have come from both employers and workers. Paapa Danquah, representing the International Trade Union Confederation (ITUC), asserted that the right to strike is a “vital tool to improve labour conditions and defend human dignity.”
In response, Roberto Suárez Santos, representing the International Organisation of Employers (IOE), stated that the Convention neither explicitly nor implicitly recognizes a right to strike and warned that such interpretation would impose a “prescriptive regime” and disrupt national labor systems.
The ILO requested an ICJ advisory opinion on the question in November 2023 pursuant to Article 37(1) of the ILO Constitution and Article 65(1) of the ICJ Statute. According to Tomi Kohiyama, ILO legal adviser, the ICJ had not received a hearing request of this kind from the ILO since 1932.
Kohiyama stated that the ILO Secretariat would refrain from taking any position on the issue and would merely assist the court by providing contextual information and interpretative approaches under the Vienna Convention on the Law of Treaties.
Presiding Judge Yūji Iwasawa presented the formal question to the bench, recalling the court’s purpose and procedural authority while emphasizing the ILO’s tripartite structure, which represents governments, employers, and workers.
The right to strike is expressly recognized under Article 8 of the International Covenant on Economic, Social, and Cultural Rights. Articles 20 and 23 of the Universal Declaration of Human Rights guarantees a worker’s right to form and join unions and, similarly, articles 21 and 22 of the International Covenant on Civil and Political Rights reinforce the right to peaceful assembly and freedom of association.
According to the 2025 edition of the ITUC Global Rights Index, workers faced little or no access to justice in 72 percent of countries, a sharp increase from 65 percent in 2024. The report also found that the right to strike was violated in 87 percent of countries.
Oral proceedings before the ICJ are scheduled October 6-8 at the Peace Palace in the Hague.
The post ICJ holds first-ever hearings on legal status of labor right to strike appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.