Right to Strike under ILO Convention No. 87 is an advisory opinion issued by the International Court of Justice in May 2026, following a request by the International Labour Organization (ILO) in November 2023. The Court determined that the right to strike is protected under ILO Convention 87, which recognises freedom of association and the right to organise.
Background Starting in 2012, employer representatives refused to recognize the right to strike as a corollary of the right to collective bargaining, as codified in International Labour Convention 98. This refusal led to the ILO's supervisory functions, in particular the Committee of Experts, ceasing to operate properly for more than a decade. As the ILO's tripartite constituents (governments, employers and trade unions) were unable to resolve how to interpret the right to strike, the governing body voted to seek the opinion of the ICJ. Article 37 of the ILO's constitution provides for this mechanism when conventions are in dispute.
As of June 2024, 31 submissions had been received concerning the case.
Opinion In an opinion delivered on 21 May 2026, by a 10–4 vote, the court concluded that the right to strike of workers and their organisations is protected under ILO Convention No. 87. It did not make any determination on the precise content, scope or conditions for the exercise of that right. President Iwasawa and Judges Nolte, Gómez Robledo, and Tladi wrote separate opinions. Vice-President Sebutinde and Judges Bhandari and Cleveland wrote declarations. Judges Tomka, Abraham, Xue, and Hmoud wrote dissenting opinions.
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