8 formation and the protection of families (Art. 15), the rights of children (Art. 16), the protection of the elderly (Art. 17) and the protection of the handicapped (Art. 18). Nevertheless, this Protocol established that the violation of only some of those rights may be submitted to the Court41 and these relate to the right to organize trade unions and join them 42 and the right to education.43 Regarding the right to work, although it has been recognized and even judicialized, this has only been done partially; that is, as regards the right to organize trade unions and to joint them. Nothing else. The other issues involved, including the possible violation of the right to job security, which is not mentioned in the said Protocol, are consequently excluded from being submitted to the Court’s consideration and decision. If there was a possibility that violations of the right to work and the right to job security could be submitted to, examined and decided by the Court under Article 26 of the Convention, the provisions of the Protocol of San Salvador would be pointless. II. THE INTERPRETATION OF ARTICLE 26 Based on the foregoing and considering that the judgment founds its decision in the fifth operative paragraph44 on Article 26 of the Convention,45 it is necessary to interpret this article, refer to the preparatory work, analyze the rights referred to, and derive the consequences of the decision taken in this regard in the judgment. A. The article As indicated,46 the said article establishes: Art. 19(6) of this Protocol: “Any instance in which the rights established in paragraph a) of Article 8 and in Article 13 are violated by action directly attributable to a State Party to this Protocol may give rise, through participation of the Inter-American Commission on Human Rights and, when applicable, of the Inter-American Court of Human Rights, to application of the system of individual petitions governed by Article 44 through 51 and 61 through 69 of the American Convention on Human Rights. 41 Art. 8(a) of this Protocol: “The States Parties shall ensure: (a) The right of workers to organize labor unions and to join the union of their choice for the purpose of protecting and promoting their interests. As an extension of that right, the States Parties shall permit labor unions to establish national federations or confederations, or to affiliate with those that already exist, as well as to form international labor union organizations and to affiliate with that of their choice. The States Parties shall also permit labor unions, federations and confederations to function freely.” 42 Art.13 of this Protocol: “Right to Education. 1. 1. Everyone has the right to education. 2. The States Parties to this Protocol agree that education should be directed towards the full development of the human personality and human dignity and should strengthen respect for human rights, ideological pluralism, fundamental freedoms, justice and peace. They further agree that education ought to enable everyone to participate effectively in a democratic and pluralistic society and achieve a decent existence and should foster understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups and promote activities for the maintenance of peace. 3. The States Parties to this Protocol recognize that in order to achieve the full exercise of the right to education: a. Primary education should be compulsory and accessible to all without cost; b. Secondary education in its different forms, including technical and vocational secondary education, should be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education; c. Higher education should be made equally accessible to all, on the basis of individual capacity, by every appropriate means, and in particular, by the progressive introduction of free education; d. Basic education should be encouraged or intensified as far as possible for those persons who have not received or completed the whole cycle of primary instruction; e. Programs of special education should be established for the handicapped, so as to provide special instruction and training to persons with physical disabilities or mental deficiencies. 4. In conformity with the domestic legislation of the States Parties, parents should have the right to select the type of education to be given to their children, provided that it conforms to the principles set forth above. 5. Nothing in this Protocol shall be interpreted as a restriction of the freedom of individuals and entities to establish and direct educational institutions in accordance with the domestic legislation of the States Parties.” 43 44 Footnote 5. 45 Footnote 3. 46 Idem.