23. It argued that, in the instant case, the only allegation concerning the principle of
progressive development of the economic, social and cultural rights was contained in the
pleadings and motions brief. Therefore, the Commission had not ruled in this regard and,
consequently, it was not pertinent to analyze this. It asked the Court to reject the claim
concerning the violation of the right to work.
24. The representative argued that the allegation concerning the violation of the right to
work was related to the factual grounds of the case so that there could be no limitation to its
analysis. She added that, in the case of Lagos del Campo v. Peru, the Court had asserted that
the right to work was protected by the American Convention, considering that the civil and
political rights and those of an economic, social and cultural nature should be understood
integrally, without any hierarchy among them, and were therefore enforceable in all cases
before the authorities with competence to protect them.
25. The Commission indicated that the representatives or the presumed victims are able
to cite the violation of rights other than those included in the Merits Report, provided that
these related to the facts contained in the latter. It added that “this was not the right moment
to question the […] Court’s case law on the violation of Article 26 [of the Convention],” because
the Court itself had reiterated that the broad terms in which the American Convention was
drafted indicated that it had full jurisdiction over all its articles and provisions. It asked the
Court to reject this preliminary objection.
B.2. Considerations of the Court
26. The Court reaffirms its competence to examine and decide disputes relating to Article 26
of the American Convention as an integral part of the rights listed in its text, regarding which
Article 1(1) establishes obligations of respect and guarantee. 11 As indicated in previous
decisions,12 the considerations related to the possible occurrence of such violations must be
examined when analyzing the merits of the matter.
27. Furthermore, in response to the State’s arguments, it should be added that the Court
has repeatedly considered that the representatives or the presumed victims may invoke rights
other than those indicated by the Commission, because as the latter are entitled to all the
rights established in the American Convention, denying them this possibility would entail an
Cf. Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller’s Office”) v. Peru.
Preliminary objection, merits, reparations and costs. Judgment of July 1, 2009. Series C No. 198, paras. 16, 17 and
100; Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and costs. Judgment of August 31,
2017. Series C No. 340, paras. 142 and 154; Case of the Discharged Employees of PetroPeru et al. v. Peru. Preliminary
objections, merits, reparations and costs. Judgment of November 23, 2017. Series C No. 344, para. 192; Case of San
Miguel Sosa et al. v. Venezuela. Merits, reparations and costs. Judgment of February 8, 2018. Series C No. 348, para.
220; Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C No.
349, para. 100; Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of August 23, 2018. Series C No. 359, paras. 75 to 97; Case of Muelle Flores v. Peru. Preliminary objections,
merits, reparations and costs. Judgment of March 6, 2019. Series C No. 375, paras. 34 to 37; Case of the National
Association of Discharged and Retired Employees of the National Tax Administration Superintendence (ANCEJUBSUNAT) v. Peru. Preliminary objections, merits, reparations and costs. Judgment of November 21, 2019. Series C No.
394, paras. 33 and 34; Case of Hernández v. Argentina. Preliminary objection, merits, reparations and costs.
Judgment of November 22, 2019. Series C No. 395, para. 62; Case of the Indigenous Communities of the Lhaka
Honhat (Our Land) Association v. Argentina. Merits, reparations and costs. Judgment of February 6, 2020. Series C
No. 400, para. 195; Case of Spoltore v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of
June 9, 2020. Series C No. 404, para. 85, and Case of the Workers of the Fireworks Factory of Santo Antônio de Jesus
and their families v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of July 15, 2020. Series
C No. 407, para. 23.
11
Cf. Case of Muelle Flores v. Peru, supra, para. 37, and Case of the Workers of the Fireworks Factory of Santo
Antônio de Jesus and their families v. Brazil, supra, para. 23.
12
8