46
without relating its norms, consistent with the practice of the organs of the OAS, to the
corresponding provisions of the Declaration.197
144. In this regard, Article XIV of the American Declaration stipulates that: “[e]very person has
the right to work, under proper conditions, and to follow his vocation freely.” This provision is
relevant to define the scope of Article 26, because “the American Declaration constitutes, as
applicable and in relation to the OAS Charter, a source of international obligations.”198
Furthermore, Article 29(d) of the American Convention expressly establishes that “no provision
of this Convention shall be interpreted as: […] (d) excluding or limiting the effect that the
American Declaration of the Rights and Duties of Man and other international acts of the same
nature have.”
145. In addition to derivation of the right to work based on an interpretation of Article 26 in
relation to the OAS Charter, together with the American Declaration, the right to work is explicitly
recognized in different domestic laws of the States in the region, 199 as well as in a vast
international corpus iuris; inter alia: Article 6 of the International Covenant on Economic, Social
and Cultural Rights;200 Article 23 of the Universal Declaration of Human Rights; 201 Articles 7 and
8 of the Social Charter of the Americas, 202 Articles 6 and 7 of the Additional Protocol to the
American Convention in the Area of Economic, Social and Cultural Rights, 203 Article 11 of the
Convention on the Elimination of All Forms of Discrimination against Women, 204 Article 32(1) of
Interpretation of the American Declaration of the Rights and Duties of Man within the framework of Article 64 of
the American Convention on Human Rights. Advisory Opinion OC-10/89 of July14, 1989. Series A No. 10, para. 43.
197
198
Cf. OC-10/89, supra, paras. 43 and 45.
The constitutional articles of the States Parties to the American Convention that refer to some form of protection
of the right to work are: Argentina (art. 14 bis), Bolivia (arts. 46 and 48), Brazil (art. 6), Colombia (art. 25), Costa Rica
(art. 56), Chile (art. 19), Dominican Republic (art. 62), Ecuador (art. 33), El Salvador (arts. 37 and 38), Guatemala (art.
101), Haiti (art. 35), Honduras (arts. 127 and 129), Mexico (art. 123), Nicaragua (arts. 57 and 80), Panama (art. 64),
Paraguay (art. 86), Peru (art. 2), Suriname (art. 4), and Uruguay (art. 36), and Venezuela (art. 87).
199
Article 6(1). The States Parties to the present Covenant recognize the right to work, which includes the right of
everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps
to safeguard this right. […].
201
Article 23. Everyone has the right to work, to free choice of employment, to just and favourable conditions of
work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for
equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family
an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone
has the right to form and to join trade unions for the protection of his interests.
200
Article 8. The promotion of decent work, the fight against unemployment and underemployment, as well as
addressing the challenges of informal labor are essential elements for achieving economic development with equity.
Respect for workers’ rights, equal employment opportunities, and improved working conditions are essential to attaining
prosperity. Cooperation and social dialogue among government representatives, workers, employers, and other
stakeholders promote good governance and a stable economy.
202
Article 6. Everyone has the right to work, which includes the opportunity to secure the means for living a dignified
and decent existence by performing a freely elected or accepted lawful activity. The State Parties undertake to adopt
measures that will make the right to work fully effective, especially with regard to the achievement of full employment,
vocational guidance, and the development of technical and vocational training projects, in particular those directed to the
disabled. […]
203
Article 7. Just, Equitable, and Satisfactory Conditions of Work. The States Parties to this Protocol recognize that the right
to work to which the foregoing article refers presupposes that everyone shall enjoy that right under just, equitable, and
satisfactory conditions, which the States Parties undertake to guarantee in their internal legislation, particularly with
respect to: c. the right of every worker to promotion or upward mobility in his employment, for which purpose account
shall be taken of his qualifications, competence, integrity and seniority; d. Stability of employment, subject to the nature
of each industry and occupation and the causes for just separation. In cases of unjustified dismissal, the worker shall
have the right to indemnity or to reinstatement on the job or any other benefits provided by domestic legislation […].
Article 11(1). States Parties shall take all appropriate measures to eliminate discrimination against women in the
field of employment in order to ensure, on a basis of equality of men and women, the same rights […].
204