6
protected every time it is cited.” Also, each time a presumed victim alleges that a right has been
violated, the Court analyzes the obligations of the State to guarantee and to ensure rights in each
specific case.
IV.
Final considerations
29.
Based on the above, I reaffirm my support for this important judgment, with the simple
procedural exception that, in my opinion, in this case it was not necessary to apply the iura novit
curia principle to be able to declare the violation of Article 26 of the Convention. This detail does
not change the result. I repeat that this Court has taken a significant and historic step forward
by declaring the justiciable nature of the right to work and of job security and, with this, a new
era for the more comprehensive protection of all interdependent and indivisible human rights.
Roberto F. Caldas
President
Pablo Saavedra Alessandri
Secretary