connection with the obligations set forth in Article 1.1 of the same instrument, to the detriment of the 65
employees of the Judiciary who were dismissed from their jobs and who were not later rehired.
73. As for the allegation regarding the absence of independence and impartiality of the Supreme Court of
Justice to hear the dispute, the Commission observes that, although as the employer it was a party clearly
interested in the outcome of the proceeding, the reasons for which said Court dismissed the motion to appeal
had to do with the fact that said motion did not proceed against the action being appealed. As a result, the
Commission understands that, under domestic law, the Supreme Court of Justice was not called upon to provide
substantive rulings on the dispute, and therefore it does not find that the Court’s intervention, under the
circumstances of the case, would have undermined the principles of independence and impartiality.
C. The right to strike 52 and the right to work
74. Article 26 of the American Convention establishes an obligation for states parties to achieve progressively
the realization of the rights contained in said norm. Both bodies of the inter-American system have reaffirmed
their competence to rule on possible violations of Article 26 of the American Convention in the framework of
the system of individual petitions and cases. In its rulings on the matter, the Court has emphasized the
interdependence and indivisibility of economic, social, and cultural rights with respect to civil and political
rights. 53
75. The Commission starts by highlighting that the right to strike is protected by Article 26 of the American
Convention, whereas Article 45, subparagraph (c) of the OAS Charter expressly integrates it when it provides
that: “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.” 54
76. Once established, it must be determined if the state concerned failed to fulfill its obligation to “achieve
progressively” the full realization of said right or those general obligations to respect and guarantee it. At this
second level of review, the nature and scope of the obligations enforceable upon the state under Articles 1.1, 2,
and 26 of the Convention, as well as the contents of the right concerned, must be taken into consideration. 55
77. The Commission has indicated that Article 26 of the American Convention imposes various obligations on
the states, which are not confined to a prohibition of regressivity, which is correlative to the obligation of
progressivity, but cannot be construed as the only obligation that is justiciable in the inter-American system
under this norm. Thus, the Commission asserts that, bearing in mind the interpretative framework of Article
29 of the American Convention, Article 26, seen in the light of Articles 1.1 and 2 of the same instrument, at least
the following immediately enforceable obligations are derived: i) general obligations of respect and guarantee,
ii) application of the principle of non-discrimination with respect to economic, social, and cultural rights, iii)
obligations to take steps or adopt measures to achieve the enjoyment of the rights incorporated into said
article; and iv) to provide offer suitable and effective resources for their protection. The methods or sources of
analysis that are relevant for each one of these obligations must be established in keeping with the
Article 26 of the American Convention establishes that: The States Parties undertake to adopt measures, both internally and through
international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or
other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set
forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.
53 See for example: I/A Court H.R. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary Objection, Merits, Reparations, and Costs. Judgment
of August 23, 2018. Series C No. 359, paras. 74-97; I/A Court H.R. Case of Lagos del Campo v. Peru. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of August 31, 2017. Series C No. 340, para. 141; and Case of Acevedo Buendía et al. (“Discharged and
Retired Employees of the Comptroller”) v. Peru (Preliminary Objection, Merits, Reparations, and Costs), Judgment of July 1, 2009, para.
101.
54 IACHR. Seventh Report on the Situation of Human Rights in Cuba, 1983, OEA/Ser.L/V/II.61, Doc. 29, rev.1, October 4, 1983, pp. 159 and
160, paras. 52 and 53.
55 IACHR, Report No. 25/18, Case 12.428. Admissibility and Merits. Employees at the Fireworks Factory in Santo Antonio de Jesus and Their
Family Members. Brazil. March 2, 2018, para. 130.
52
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