designation.” 60 Thirdly, the article operates not only for certain categories of public servants (operators of justice) but also for all persons who “exercise public functions.” 61 35. Thus, job stability, from the perspective of Article 23(1)(c), derives from the fact of being a public servant per se; 62 while work stability, from the perspective of Article 26, is based on the essence of “being a worker,” regardless of whether of being employed privately or publicly. A public servant is clearly a worker, 63 but not every worker is a public servant; therefore, there is a double protection for workers who hold a public position, under Article 23(1)(c) (political rights) and under Article 26 (right to work), as in Benites Cabrera et al., the subject of this opinion, 36. This distinction is reflected in the scope of the application of the right to “access to […] public service, under general conditions of equality,” that is found in Article 23(1)(c) of the American Convention, 64 Article 25 of the International Covenant on Civil and Political Rights 65 and Article 13 of the African Charter of Human and Peoples’ Rights. 66 All of these provisions have in common that they only apply when there is an analysis of possible violations of access or continuation in the “public functions” and, therefore, public service positions. 37. The Human Rights Committee in its General Comment No. 25 has stated that its Article 25(c) refers to the right and to the possibilities of citizens to have access, under general conditions of equality, to public service positions. The Committee makes special mention of the concepts of “public administration” or “public service positions.” 67 38. This preciseness of the content of Article 23(1)(c) with respect to the right to work under Article 26 is relevant. Any claim that it is not necessary to distinguish the content of the right to work stability with respect to the right to job stability (as an Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 23, 2005. Series C No. 127. para. 200 Indefinite Presidential Re-election in Presidential Systems in the context of the Inter-American System of Human Rights (Interpretation and scope of Articles 1, 23, 24 and 32 of the American Convention on Human Rights, XX of the American Declaration of the Rights and Duties of Man, 3(d) of the Charter of the Organization of American States and of the Inter-American Democratic Charter). Advisory Opinion OC-28/21 of June 7, 2021. Series A No 28. para. 64. 61 Case of Mina Cuero, op. cit., para. 108. 62 Not every public servant as a worker is, prima facie, protected by all of the facets of the right to work. Although one of the facets of the right to work is the possibility to join together to form trade unions; for example, Article 16 of the Convention indicates that the right of association does “not bar the imposition of legal restrictions, including even deprivation of the exercise of the right of association, on the members of the armed forces and the police,” who nonetheless are public servants, but whose rights would not be protected by this facet. The European Convention on Human Rights is more restrictive regarding this facet of the right to work in that it may limit it for “members […] of the administration of the State.” That treaty indicates that: “11.2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.” Nonetheless, the European Court has recognized the possibility of the protection of certain workers, such as “municipal workers” in Demir and Baykara. Case of Demir and Baykara v. Turkey, Judgment of November 12, 2008. 63 There may even be public jobs that are not protected by the right to work; for example, honorary public jobs where there is no “remuneration” or “salary,” an element protected by the right to work. 64 Article 23. Right to Participate in Government. 1. Every citizen shall enjoy the following rights and opportunities: […] c) to have access, under general conditions of equality, to the public service of his country. 65 Article 25. Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without reasonable restrictions: […] c) To have access, on general terms of equality, to public service in his country. 66 Article 13 […] Every citizen shall have the right to participate freely in the government of his country. 67 UN Human Rights Committee, General Comment No. 25, HRI/GEN/1/REV.7 at 194 (1996), paras. 23 and 24. 60 11