TUC welcomes ICJ ruling affirming workers’ right to strike

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The Trades Union Congress (TUC) Ghana has welcomed the landmark advisory opinion delivered by the International Court of Justice (ICJ) affirming that workers’ right to strike is protected under international labour conventions.In a statement issued on May 21, 2026, the TUC described the ruling as a historic victory for workers and trade unions across the world, saying the decision strengthens the global labour movement’s long-standing position that the right to strike is inseparable from freedom of association and collective bargaining.The advisory opinion affirmed that workers and their organisations are protected under the International Labour Organisation’s Freedom of Association and Protection of the Right to Organise Convention, 1948 (Convention No. 87).According to the TUC, the ruling sends a powerful signal to governments, employers and institutions that workers’ collective action remains central to fairness, dignity and equality within the workplace.Fundamental rightThe TUC stressed that the right to strike should not be treated as a privilege granted at the discretion of governments or employers but rather as a fundamental democratic and labour right.“This historic decision is a resounding affirmation that the right to strike is not a privilege to be granted at will, but a fundamental workers’ right and an essential pillar of democracy, social justice and decent work,” the statement said.The labour body added that the ruling represented a defining moment in the evolution of international labour rights and would reinforce decades of advocacy by trade unions globally.It noted that the opinion further affirmed that freedom of association and collective bargaining could not be fully realised without effective legal protection for workers to embark on industrial action.Global labour movementThe TUC also commended the International Trade Union Confederation (ITUC) and its legal team for what it described as a principled and courageous defence of workers’ rights before the world court.According to the statement, the intervention by the ITUC reaffirmed the position of the global labour movement that workers must retain the legal right to organise and strike in defence of their welfare and working conditions.The TUC paid special tribute to Mr Paapa Danquah, Director of Legal Affairs at the ITUC and former Director of Legal Affairs of the TUC Ghana, for his role in the legal proceedings.“We are particularly proud of Mr Paapa Danquah… for his outstanding contribution and compelling advocacy before the Court on behalf of workers across the world,” the statement added.ImplicationsLabour experts say the ICJ advisory opinion is likely to influence labour legislation, industrial relations policies and court decisions in several countries, particularly where governments have sought to place restrictions on strike actions by organised labour.Although advisory opinions of the ICJ are not directly binding in the same way as judgments between states, they carry considerable legal and moral authority within international law and multilateral institutions.The ruling is expected to strengthen organised labour movements worldwide amid increasing tensions over wages, working conditions, unemployment and economic hardship in many countries.In Ghana, organised labour has in recent years embarked on a number of industrial actions over salary negotiations, pension concerns, conditions of service and cost-of-living pressures.The TUC said the latest ruling should encourage governments and employers to prioritise dialogue, fairness and respect for workers’ rights in resolving industrial disputes.Workers’ dignityThe Congress further emphasised that workers’ voices remained central to democratic governance and economic development.It said the ability of workers to organise collectively and, where necessary, withdraw their labour peacefully was essential for protecting human dignity and promoting social justice.“This landmark decision reinforces decades of advocacy by trade unions across the world and sends a powerful message that workers’ voices and collective action remain central to advancing fairness, dignity and equality in the workplace,” the statement noted.The TUC reaffirmed its commitment to defending workers’ rights in Ghana and supporting international efforts aimed at promoting decent work, social protection and equitable labour practices.