On 21 May, the International Court of Justice (ICJ) issued an advisory opinion confirming that the right to strike is protected under international law through ILO Convention No. 87 on Freedom of Association. The ruling is considered a significant development for international labour rights and follows years of debate within the International Labour Organization (ILO) regarding the interpretation of Convention No. 87 and whether it includes protection for the right to strike.
In its response, the ILO noted that the Court’s opinion confirms that the right to strike is closely linked to freedom of association. The International Trade Union Confederation (ITUC) also described the opinion as an important confirmation of a long-standing understanding shared across much of the ILO system.
The development comes at a time when restrictions on trade union rights and industrial action continue to be widely reported globally. According to the ITUC Global Rights Index 2025, 87% of surveyed countries were found to have violated the right to strike in some form.
What this signals for responsible business conduct
For companies, the ruling reinforces the importance of understanding freedom of association and collective bargaining rights as part of responsible business conduct and human rights due diligence. These rights are reflected not only in ILO conventions, but also in frameworks such as the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct.
The ICJ opinion may also influence future discussions around labour rights, supply chain due diligence, social dialogue, and expectations placed on both states and businesses operating across global value chains.
Read more: International Court of Justice (ICJ): Advisory opinion on the right to strike under ILO Convention No. 87 and International Labour Organization (ILO): Statement on the ICJ advisory opinion and freedom of association protections