UN Court Affirms Right to Strike Globally

Why this is here: In Switzerland, nearly half of all employees operate under collective bargaining agreements that frequently restrict the right to strike.

The International Court of Justice in The Hague ruled that the right to strike falls under freedom of association. For years, nations, unions, and employer groups debated whether UN Convention No. 87 included a right to strike. The ILO requested the court’s opinion after failing to reach an agreement among its members.

Switzerland already recognizes the right to strike in its constitution, though strikes remain uncommon there. Roughly half of Swiss workers are covered by collective bargaining agreements, which often limit strikes while offering better working conditions. A strong tradition of social partnership and comparatively high wages also contribute to a less active strike culture.

The court found that while Convention No. 87 does not explicitly mention striking, it can be understood as part of protected union activities. The ruling is not legally binding but serves as guidance for national laws and court interpretations. Swiss unions hope the Federal Court will consider the ruling in future cases, while employer groups anticipate no change in Swiss practice.