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In a win for workers around the world, the UN’s International Court of Justice (ICJ) has affirmed the right for workers to strike.

The Court recently handed down a legal opinion confirming that workers’ right to strike is protected by the International Labour Organisation’s Convention 87 (Freedom of Association and Protection of the Right to Organise Convention).

Employer organisations, including Australian peak employer bodies, had argued that there is no such right in international law.

Australian workers and union members have a long and proud history of taking protected industrial action to fight for (and win) better pay and conditions. It is an essential tool for working people in any society that values the ability for workers to organise and win safer and fairer workplaces.

FSU member Robin Mayo said that, while being a union member gives workers the right to stand together to improve our working conditions, our power is limited without the ability to strike.

“The true power is in our ability to withhold our work as a group where necessary, to protect ourselves and to improve our lives,” said Robin.

“Remember that the eight-hour working day, the weekend, the 40-hour working week, and four weeks of annual leave were all won through strikes.”

Unfortunately, people in many countries are not afforded the right to strike – or at least the reality on the ground does not match their theoretical legal right.

Indeed, the Court stressed that its opinion did not define the exact scope of the right to strike, and advisory opinions from ICJ judges are not legally binding. They do, however, carry significant weight.

According to the Associated Press, the decision could have a worldwide impact on labour regulations, enshrining the right to strike in labour standards and international trade agreements.

As a union whose members have historically won significant rights and better pay and working conditions through strike actions, the FSU welcomes this ruling and hopes it will provide a huge boost to workers all over the world.

Recently, the FSU also signed on to endorse the Right to Protest Declaration, which was produced by the Australian Democracy Network.