World's top court weighs in on whether the right to strike is protected under the ILO Convention No. 87
Workers' right to strike is protected under the ILO Convention No. 87, according to the International Court of Justice (ICJ), addressing the "persistent disagreement" among employers and employees.
In an advisory opinion, the ICJ said the right to strike of workers and their organisations "is protected under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)."
It made the conclusion following a vote of 10-4.
ICJ Vice-President Julia Sebutinde, who voted in favour, said the question on whether the right to strike was protected by international law can be answered in the affirmative by applying the general rule of interpretation in Article 31 (1) of the Vienna Convention on the Law of Treaties.
"The ordinary meaning of the relevant provisions of Convention No. 87, read in good faith, in their context and in light of the Convention's object and purpose, supports the conclusion that protection of the right to strike falls within the scope of the freedom of association guaranteed by the Convention," said Sebutinde in a declaration cited by the ICJ's summary.
The Hague-based court noted, however, that its opinion did not define the exact scope of the right to strike.
"The Court's conclusion that the right to strike is protected by Convention No. 87 does not entail any determination on the precise content, scope, or conditions for the...
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