endanger their health, safety, or morality, as well as a reasonable limitation on working hours, especially in the
case of dangerous, unhealthy, or night work.349
260.
In this respect, the Committee on Economic, Social and Cultural Rights affirms that equitable
and satisfactory working conditions are a prerequisite for the enjoyment of other rights and a corollary of the
right to work that is freely chosen and accepted.350 The IACHR observes that the international instruments that
make express reference to those conditions are not exhaustive in their treatment of them, but rather draw on
basic elements for guaranteeing the enjoyment of equitable and satisfactory conditions. For example, the
Protocol of San Salvador refers to the term “particularly with respect to” and the International Covenant on
Economic, Social and Cultural Rights states “in particular” to spell out those conditions, thereby making it
possible to include elements other than those expressly set forth in those instruments.
261.
In addition, the IACHR understands that to comply with the minimal content of this right, one
of the essential elements is for the states to regulate and take actions aimed at seeing to its effective
implementation, in particular overseeing and imposing sanctions for its violation on employers in both the
public and private sectors. This takes on greater importance in the face of the existence of forms of unequal and
abusive labor treatment stemming from precarious labor relations. This means that when it is learned that a
company or employer has produced effects prejudicial to the enjoyment of this right, the State must take action
to investigate and, as the case may be, impose sanctions on them, as well as make full reparation to the victims
through legitimate proceedings that comply with the recognized provisions for ensuring due process.
262.
The IACHR considers that workplace inspections are among the essential measures that states
should take to prevent violations of and oversee respect for this right; in particular, guarantees must be in place
to ensure their independence, the existence of trained personnel, and a prior mapping of sensitive and at-risk
zones and industries; the inspectors should have the authority to enter the workplaces without prior notice, as
well as to facilitate victims’ access to justice. Sanctions on private actors must also be adequate and
proportional to the seriousness of the harm; they may be criminal sanctions, administrative sanctions, or
pecuniary measures.351
2.2
Right to health
263.
As regards the contents of the right to health, the Committee on Economic, Social and Cultural
Rights has indicated that all health services, goods, and institutions must comply with the requirements of
availability, accessibility, acceptability, and quality in the following terms:
(a) Availability. Functioning public health and health-care facilities, goods and services, as well
as programmes, have to be available in sufficient quantity within the State party. The precise
nature of the facilities, goods and services will vary depending on numerous factors, including
the State party’s developmental level. They will include, however, the underlying
determinants of health, such as safe and potable drinking water and adequate sanitation
facilities, hospitals, clinics and other health-related buildings, trained medical and
professional personnel receiving domestically competitive salaries, and essential drugs, as
defined by the WHO Action.
(b) Accessibility. Health facilities, goods and services have to be accessible to everyone
without discrimination, within the jurisdiction of the State party. Accessibility has four
overlapping dimensions:
Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights “Protocol of San
Salvador,” Articles 6 and 7.
350 Committee on Economic, Social and Cultural Rights. General Comment 23. The right to just and favorable conditions of work. April 27,
2016. Para. 1
349
Committee on Economic, Social and Cultural Rights. General Comment 23. The right to just and favorable conditions of work. April 27,
2016. Paras. 54 and 59.
351
46
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents