B.3.5. Right to work
103. The presumed victim, in his pleadings and motions brief, referred expressly to the
violation of the right to work. In this regard, the Court reiterates that the representatives or
the presumed victims may invoke rights other than those indicated by the Commission,
provided that their allegations are based on the factual framework established in the Merits
Report.98
104. The Court notes that, in the instant case, the legal issue raised by the presumed victim
relates to the scope of the right to work and, in particular, the right to job stability, understood
as a right protected by Article 26 of the American Convention. The Court recalls that the right
to work has been recognized and protected under Article 26 in different precedents.99
105. With regard to the specific labor rights protected by the said Article 26, the Court has
indicated that this article indicates that these are the rights derived from the economic, social,
educational, scientific and cultural standards contained in the OAS Charter.100 Articles 45(b)
and (c),101 46102 and 34(g)103 of the Charter establish standards relating to the right to work.
Additionally, in its Advisory Opinion OC-10/89, the Court indicated that the Member States
have understood that the American Declaration contains and defines the fundamental human
rights referred to in the Charter.104 Article XIV of the said Declaration establishes that “[e]very
person has the right to work, under proper conditions, and to follow his vocation freely […].”
In addition, Article 29(d) of the American Convention expressly establishes that “[n]o
provision of this Convention shall be interpreted as: […] (d) excluding or limiting the effect
that the American Declaration of the Rights and Duties of Man and other international acts of
the same nature may have.” Furthermore, the Court has already indicated 105 that both the
98
196.
Cf. Case of the “Five Pensioners” v. Peru, supra, para. 155, and Case of López et al. v. Argentina, supra, para.
Cf. Case of Lagos del Campo v. Peru, supra, paras. 142 and 145. Similarly: Case of the Discharged Employees
of PetroPeru et al. v. Peru, supra, paras. 142 and 143; Case of San Miguel Sosa et al. v. Venezuela, supra, para. 220;
Case of Spoltore v. Argentina, supra, para. 84, and Case of the Workers of the Fireworks Factory of Santo Antônio de
Jesus and their families v. Brazil., supra, para. 155.
99
Cf. Case of Lagos del Campo v. Peru, supra, para. 143, and Case of the Workers of the Fireworks Factory of
Santo Antônio de Jesus and their families v. Brazil., supra, para. 155.
100
Article 45 of the OAS Charter. The Member States, convinced that man can only achieve the full realization
of his aspirations within a just social order, along with economic development and true peace, agree to dedicate every
effort to the application of the following principles and mechanisms: […] (b) Work is a right and a social duty, it gives
dignity to the one who performs it, and it should be performed under conditions, including a system of fair wages,
that ensure life, health, and a decent standard of living for the worker and his family, both during his working years
and in his old age, or when any circumstance deprives him of the possibility of working; (c) Employers and workers,
both rural and urban, have the right to associate themselves freely for the defense and promotion of their interests,
including the right to collective bargaining and the workers' right to strike, and recognition of the juridical personality
of associations and the protection of their freedom and independence, all in accordance with applicable laws.
101
102
Article 46 of the OAS Charter. The Member States recognize that, in order to facilitate the process of Latin
American regional integration, it is necessary to harmonize the social legislation of the developing countries, especially
in the labor and social security fields, so that the rights of the workers shall be equally protected, and they agree to
make the greatest efforts possible to achieve this goal..
Article 34.g of the OAS Charter. The Member States agree that equality of opportunity, the elimination of
extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in decisions
relating to their own development are, among others, basic objectives of integral development. To achieve them,
they likewise agree to devote their utmost efforts to accomplishing the following basic goals: […] g) Fair wages,
employment opportunities, and acceptable working conditions for all.
103
Interpretation of the American Declaration of the Rights and Duties of Man Within the Framework of Article 64
of the American Convention on Human Rights, Advisory Opinion OC-10/89, July 14, 1989. Series A No. 10, para. 43.
104
105
Cf. Case of Lagos del Campo v. Peru, supra, para. 145.
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