The International Court of Justice (ICJ) in The Hague has issued an important advisory opinion stating that a core convention of the International Labour Organization (ILO) protects workers’ right to strike.
The advisory opinion was sought in 2023 on whether the ILO convention, accepted by member states, provides legal protection for strike action by workers. After examining the matter, the ICJ delivered its view on Wednesday.
The court noted that 188 countries have signed on to the ILO convention. It said the convention safeguards the right to strike, while also observing that each country’s legal provisions function within the framework of international trade agreements.
The ICJ clarified that its advisory opinion is not legally binding on countries. However, it is expected to guide governments as they consider decisions on labour-law amendments and the scope of protections for strike rights.
In India, the report noted, the Constitution does not treat striking as a fundamental right. Instead, it is regulated through laws such as the Industrial Disputes Act and is recognised as a limited right subject to certain restrictions.
