Right to Strike under ILO Convention No. 87

Right to Strike under ILO Convention No. 87
Court	International Court of Justice
Full case name	Right to Strike under ILO Convention No. 87 (Request for Advisory Opinion)
Started	16 November 2023 (2023-11-16)
Decided	Pending
Court membership
Judges sitting	President Joan Donoghue Vice President Kirill Gevorgian Judge Abdulqawi Yusuf Judge Xue Hanqin Judge Julia Sebutinde Judge Dalveer Bhandari Judge Nawaf Salam Judge Yuji Iwasawa Judge Georg Nolte Judge Hilary Charlesworth Judge Leonardo Nemer Caldeira Brant

The Right to Strike under ILO Convention No. 87 is a pending case before the International Court of Justice brought by the International Labour Organization (ILO) in November 2023.

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.