Court in Netherlands Supports Right to Strike

The International Court of Justice in The Hague, Netherlands, ruled in favor of workers’ right to strike. The decision came after a request from unions represented within the International Labour Organization. The court, the principal judicial organ of the United Nations, considered whether the 1948 ILO Convention 87 implicitly protects this right.

Japanese jurist Yuji Iwasawa, president of the court, stated the court finds the right to strike is protected by the convention. Representatives from the International Trade Union Confederation argued the convention extends to the right to strike, while the International Organisation of Employers disagreed and brought the dispute to the court.

The ruling is non-binding and does not establish new rules regarding strike actions. The General Confederation of Labour in Argentina celebrates the decision, seeing it as support against a recently approved labor reform they consider unconstitutional because it impacts the right to strike.

The reform requires essential services maintain at least 75% normal service during strikes. The court’s opinion does not change the current status of that law, but a challenge to its constitutionality remains pending.