45
142. As indicated in the case of Case of Acevedo Buendía et al. v. Peru,190 the Court has the
authority to decide any dispute concerning its jurisdiction. 191 Thus, the Court has previously
asserted that the broad terms in which the Convention was drafted signify that the Court exercises
full jurisdiction over all its articles and provisions.192 It should also be noted that although Article
26 appears in Chapter III of the Convention, entitled “Economic, Social and Cultural Rights,” it is
also located in Part I of this instrument, entitled “State Obligations and Rights Protected” and,
consequently, it is subject to the general obligations contained in Articles 1(1) and 2 in Chapter I
(entitled “General Obligations”), as also are Articles 3 to 25 that appear in Chapter II (entitled
“Civil and Political Rights”).193
143. Regarding the specific labor rights protected by Article 26 of the American Convention, the
Court observed that the wording indicates that these are right derived from the economic, social,
educational, scientific, and cultural standards set forth in the OAS Charter. In this regard, Articles
45(b) and (c),194 46195 and 34.g196 of the Charter establish that “[w]ork is a right and a social
duty,” and that this should be performed with “fair wages, employment opportunities, and
acceptable working conditions for all.” These articles also establish the right of workers to
“associate themselves freely for the defense and promotion of their interests.” In addition, they
indicate that State must “harmonize the social legislation” for the protection of such rights. In its
Advisory Opinion OC-10/89, the Court indicated that:
[…] The member States of the Organization have signaled their agreement that the Declaration
contains and defines the fundamental human rights referred to in the Charter. Thus, the Charter
of the Organization cannot be interpreted and applied as far as human rights are concerned
from the field covered by the Convention.”
Cf. Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”) v. Peru,
supra, paras. 16, 17 and 100.
190
Cf. Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999. Series C No. 54, paras. 32
and 34, and Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
November 20, 2014. Series C No. 289, para. 27.
191
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary objections, supra, para. 29, and Case of Garibaldi v.
Brazil. Preliminary objections, merits, reparations and costs. Judgment of September 23, 2009. Series C No. 203, para.
41.
192
Cf. Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”) v. Peru,
supra, paras. 99 and 100. Cf. UN. Committee on Economic, Social and Cultural Rights. General Comment No. 18,
E/GC.18/2005, November 24, 2005, paras. 48 to 50.
193
Article 45 of the OAS Charter. “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: (a) All human beings, without distinction as to race, sex,
nationality, creed, or social condition, have a right to material well-being and to their spiritual development, under
circumstances of liberty, dignity, equality of opportunity, and economic security; (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.
[…].”
194
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.”
195
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.”
196