Overview
- The International Court of Justice ruled Thursday that the right to strike is an essential element of freedom of association protected by ILO Convention No. 87.
- The opinion was adopted by a 10–4 vote with four judges filing dissenting opinions that may shape future legal debate.
- The Court reached its conclusion after receiving 31 written statements and holding public hearings in October 2025 with participation from 18 states and five organizations.
- Argentine unions, led by Gerardo Martínez and the CGT, said they will invoke the opinion in challenges to Argentina’s February 28, 2026 labor ‘‘modernization’’ law that broadened essential‑service exemptions and limited strike scope.
- Although advisory opinions are not directly binding, the ruling strengthens ILO supervisory tools, gives national courts persuasive international authority, and sets up likely domestic litigation and policy debates over which services may be declared ‘‘essential.’