Court Links Strike Right to Freedom of Assembly

The International Court of Justice in The Hague affirms a connection between the right to strike and freedom of assembly. The court issued an opinion stating workers have the right to lay down their tools and participate in decisions about their working conditions. The United Nations’ International Labour Organization asked the court for this legal assessment amid a long-running debate.

For years, unions have sought stronger worker protections while employers maintained strike rights should be nationally regulated, not specially protected. The opinion recognizes employers’ rights to form associations to represent their interests, like creating unions.

The court’s assessment is not legally binding for nations. However, many countries use recommendations from the International Court of Justice as a basis for their own laws. Further national legislation will likely follow this guidance.