UN’s top court
Amsterdam (dpa) — The right to strike is internationally protected under a key labour treaty, according to an advisory legal opinion by the International Court of Justice (ICJ), the UN’s top judges in The Hague said on Thursday.
The protection falls under the International Labour Organization’s (ILO) 1948 convention on freedom of association, the court said. This means employees have the right to decide for themselves on actions to improve their working conditions.
The ICJ’s opinion is not binding, but it could have worldwide consequences for employees’ rights. For many states, ICJ advisory opinions form the basis for national law, and they can be significant in court cases globally.
Opinion sets a precedent
The ILO had commissioned the opinion amid a controversy between employer representatives and states that has been ongoing within the organization for years.
UN’s top court
The judges found that although the right to strike is not explicitly mentioned in the 1948 convention, it is clear that all types of activities are protected under it, including work stoppages.
Employers wanted national rules
Trade unions had hoped for a clear signal from the UN court and thus a strengthening of employees’ rights. Employers, by contrast, argued that the right to strike was not under special protection and instead should be regulated nationally.
For Germany, the right to strike is a logical consequence of freedom of association. In a ruling, Germany’s Federal Labour Court said employees’ demands without the right to strike would amount to “collective begging.”
The judges did, however, state that the conditions and scope of work stoppages can be regulated at national level.
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