International Human Rights Treaties and the Right to Strike

TitleInternational Human Rights Treaties and the Right to Strike
Publication TypeReport
Year of Publication2015
AuthorsFrey, Diane F.
Date Published2015///
InstitutionWorking Paper Series
Keywordsfreedom of association, human rights, ILO, International Labor Organization, right to strike

The right to strike under international law has been challenged by the International Organization of Employers since the mid 1990s. The employer group claims that no such right exists under international law and are moving to undermine recognition of the right at the International Labor Organization (ILO). This article examines the right to strike in international human rights law. It examines the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights treatment of the right to strike and finds the right to strike exists in these treaties. Further, the article demonstrates that while employers may challenging the existence of the right to strike, governments around the world have overwhelmingly ratified international treaties contradicting the employer group’s position.