41
2. Violation of job security
2.1
Arguments on labor rights
133. In this case, the Court notes that, in the litigation before this Court, neither the
representatives nor the Commission expressly mentioned the presumed violation of labor rights
in light of the American Convention. However, the Court has noted that, in all the instances, both
at the domestic level and before the Commission, the presumed victim repeatedly alleged that
his labor rights had been violated, in particular his right to job security, and also the consequences
of the dismissal. For instance:169
a.
In a communication of October 13, 1993, addressed to the President of the Inter-American
Commission, and received in the OAS offices in Peru on October 14, 1993, Mr. Lagos del Campo
stated that, in the judgment delivered by the Second Labor Court “[there were] procedural
irregularities that infringed [his] judicial protection, thus violating the provisions of [his] country’s
Constitution that guaranteed to every Peruvian citizen the right to due process of law and the
right to work.” In annex 1 to this communication, the petitioner clarified, among other matters,
that his “right to job security indicated in article 48 of the Constitution and articles 27 and 26 of
the proposed new constitution” had been violated.”170
b.
In a communication dated September 30, 1994, addressed to the Inter-American
Commission and received in the OAS offices in Peru on October 4, 1994, the petitioner stated that
“the violation of [his] constitutional and human rights, such as the right to a fair trial and the right
to work that the senior authorities of [his] country were aware of, [and] up until [then] there [had
not been] any judicial action or justice […].”171
c.
In a communication of the Workers’ Federation of the Metallurgical Industry of Peru (FETIMP)
on behalf of Mr. Lagos del Campo, addressed to the President of the Inter-American Commission
dated June 4, 1997, and received by the Commission on August 5, 1998, the Federation
“describe[d] the case of the Peruvian citizen and member of [its] union organization, Mr. Lagos del
Campo, who was […] unjustly dismissed from his workplace in CEPER PIRELLI, S.A. on June 26,
1989. He was a victim of poor administration of justice when he had recourse to the domestic
courts and, is still demanding a response to application for amparo No. 2651-91.” It also mentioned
that, at that date, no answer had been received to the letter sent to the Commission on October
14, 1993, through the OAS Office in Lima.172
d.
In a petition addressed to the Commission on June 30, 1997, Mr. Lagos del Campo “file[d]
a complaint of a human rights violation against the Peruvian Government for violating the right to
equal protection of the law (Art. 22) and also the right to judicial protection against violations of
fundamental rights (Art. 23) […].” He also asked that the petition be admitted and processed “to
achieve the re-establishment of [his] rights to equal protection of the law, due process,
and the right to work, which [had been] violated by the Second Labor Court and CC.LL., by the
decision resulting from an irregular process […]”173.
e.
The Commission responded to Mr. Lagos del Campo in a communication of September 2,
1997, received on September 24, 1997, by the FETIMP, in which the Commission advised the
petitioner that his petition had “not met the requirements established in the [IACHR] Rules of
Procedure, in particular Articles 32, 33, 34 and 37 […].” The Commission also asked the petitioner
169
The italics and bold letters have been added.
170
Initial petition before the IACHR (evidence file, procedure before the IACHR, ff. 271, 436, 439, 510 and 558 to
561).
Brief of September 30, 1994, presented to the OAS Office in Peru (evidence file, procedure before the IACHR, ff.
516 and 594).
171
172
Brief of the FETIMP dated June 4, 1997 (evidence file, procedure before the IACHR, f. 525).
173
Petition lodged before the IACHR (evidence file, procedure before the IACHR, ff. 371 and 377).