248.
In applying the foregoing standards to the instant case, the Commission begins by noting that
the Charter of the OAS, at Article 45, incorporates the right to work and to the conditions necessary for its
realization in the following terms:
The Member States agree to dedicate every effort to the application of the following principles
and mechanisms: …
(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.340
249.
In more generic terms, Article 34(g) of the Charter also includes, among the goals for attaining
integral development, “[f]air wages, employment opportunities, and acceptable working conditions for all.”341
250.
The Inter-American Court has said that “the [American] 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 without relating its norms, consistent with the
practice of the OAS, to the corresponding provisions of the Declaration.” Accordingly, the American Declaration
is one of the relevant instruments for identifying the economic, social, and cultural rights to which Article 26 of
the American Convention makes reference. As already indicated, turning to other international instruments
may be necessary to indicate the derivation of a right based on a public policy measure or objective included in
an economic, social, cultural, educational, or scientific provision of the OAS Charter. 342 In particular, the
American Declaration establishes, at Article XIV: “every person has the right to work, under proper conditions,
and to follow his vocation freely, insofar as existing conditions of employment permit.” In a similar vein, the
Protocol of San Salvador, at its Articles 6 and 7 states that “everyone has the right to work, which includes the
opportunity to secure the means for living a dignified and decent existence” and that this “presupposes that
everyone shall enjoy the right under just, equitable, and satisfactory conditions.”
251.
Article 45 of the OAS Charter, cited above, enshrines the right to health. Article 34(i) of the
same instrument also underscores the role of the State in “protection of man’s potential through the extension
and application of modern medical science,” emphasizing with that the importance of the guarantee of health
for the integral development of the person. In addition, Article XI of the American Declaration establishes that
“every person has the right to the preservation of his health through sanitary and social measures relating to
food, clothing, housing and medical care, to the extent permitted by public and community resources.” Article
10 of the Protocol of San Salvador states that every person has the right to health, understood as the enjoyment
of the highest level of physical, mental, and social well-being, and indicates that health is a public good.
252.
As regards the right to social security, in addition to the last part of Article 45(b) of the OAS
Charter, noted above, the Charter establishes, at Article 45(h), the commitment of the member states to develop
an efficient social security policy. At the same time, more generally Article 46 refers to the work of harmonizing
social security provisions regionally. The American Declaration includes this same right at Article XVI, and the
Protocol of San Salvador at Article 9; both recognize the right of every person to be protected so as to lead a
dignified life in the face of unemployment, old-age, and disability. On a supplement basis, one of the matters
most reiterated in the Charter refers to the eradication of poverty and better distribution of wealth (Articles
2(g), 3(f), and 34(b)), suggesting the need for a broad consideration of the right to social security to attain these
objectives, looking at both contributing to the system, and receiving social assistance.
Charter of the Organization of American States.
Charter of the Organization of American States.
342 Of particular importance are the International Covenant on Economic, Social and Cultural Rights, the Additional Protocol to the
American Convention on Human Rights in the area of Economic, Social and Cultural Rights (Protocol of San Salvador), and even other
treaties such as the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination Against Women,
and the conventions of the International Labor Organization.
340
341
44
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