Member

I interject that, in 2014, the European Court of Human Rights concluded in RMT v the UK that, though the absence of protection of sympathy action was in breach of the right to strike under the European convention Article 11(1), it permissibly fell within the UK’s margin of appreciation under Article 11(2). However, as the noble and learned Lord, Lord Hermer, pointed out, states cannot cherry-pick the treaty obligations with which they will conform from among those they have ratified. Put another way, violation of ILO Convention 87 is not excused by non-violation of the European convention. In 2024, the ILO Committee of Experts considered that judgment of the European court, holding that the ILO was not bound by a decision made under a different legal instrument. Accordingly, it repeated the position on the UK taken for 35 years, adding: