ICJ Ruling Strengthens Global Labour Rights — TUC
The Trades Union Congress (TUC) Ghana has welcomed a landmark Advisory Opinion delivered by the International Court of Justice (ICJ), affirming that the right to strike is protected under international labour law.
The ruling, delivered on May 21, 2026, confirmed that workers and their organisations are entitled to embark on strike action under the Freedom of Association and Protection of the Right to Organise Convention, 1948, also known as ILO Convention No. 87.
In a statement issued after the decision, the TUC described the ruling as a historic victory for workers across the world, stressing that the right to strike is not a discretionary privilege but a fundamental labour right recognised under international law.
According to the union, the decision strengthens decades of advocacy by the global labour movement and reinforces the important role of collective bargaining, freedom of association and industrial action in promoting democracy, social justice and decent work.
The Congress noted that the ruling marks a defining moment in the history of international labour rights and affirms that workers’ voices and collective action remain essential in advancing fairness and equality in workplaces around the world.
The TUC further commended the International Trade Union Confederation (ITUC) and its legal team for what it described as a “principled, courageous and powerful defence” of workers’ rights before the world court.
Special recognition was also given to Mr. Paapa Danquah, Director of Legal Affairs at the ITUC and former Legal Director of TUC Ghana, who led the legal team in presenting the case before the court.
According to the TUC, the ruling reinforces its commitment to defending trade union rights both in Ghana and internationally, while pledging to continue advocating for social and economic justice for workers.
The advisory opinion was issued in response to a request from the Governing Body of the International Labour Organization (ILO), which sought legal clarification on whether the right to strike is protected under Convention No. 87 amid longstanding disagreements among member states and stakeholders.
The court, by a majority decision, affirmed that the right to strike is indeed protected under the convention, a move expected to strengthen labour rights advocacy and industrial relations globally.
The ruling comes at a time when labour-related disputes and strike actions continue to dominate discussions in many countries, including Ghana, where several worker unions have recently threatened or embarked on industrial action over conditions of service, salary arrears and operational concerns.
Recent industrial actions in Ghana have involved groups such as Railway Workers, staff of the National Identification Authority (NIA), the Medical Laboratory Professional Workers Union (MELPWU), and doctors at the Korle Bu Teaching Hospital, all demanding improved working conditions and resolution of grievances.
Labour experts believe the ICJ ruling could further strengthen the confidence of workers and unions in asserting their rights through lawful industrial action while encouraging governments and employers to prioritise dialogue and collective bargaining in resolving disputes.
