analysis of the economic, social, cultural and environmental rights and that it must
determine whether, explicitly or implicitly, a human right protected by Article 26 can be
derived from the OAS Charter, as well as the scope of that protection.86
111. The Court has already held that the right to work is a right protected under Article 26
of the Convention.87 It has also noted that Articles 45(b) and (c),88 4689 and 34(g)90 of the
OAS Charter establish a series of norms that define the right to work. The Court has
especially noted that Article 45(b) establishes that “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.” The Court has, thus, considered
that there is a reference, with a sufficient degree of specificity, to the right to work to derive
its existence and recognition in the Charter.
112. With respect to the content and scope of this right, the Court recalls that Article XIV
of the American Declaration of the Rights and Duties of Man states that “[e]very person has
the right to work under proper conditions and to follow his vocation freely […].” For its part,
Article 6 of the Protocol of San Salvador establishes that “[e]veryone 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.” Globally, the Universal Declaration of
Human Rights establishes that “everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and to protection against
unemployment.” In addition, the International Covenant on Economic, Social and Cultural
Rights establishes that “[t]he States Parties to the present Covenant recognize the right to
86
Cf. Case of Cuscul Pivaral et al. v. Guatemala, supra, paras. 75 to 97; Case of the National Association
of the Discharged and Retired Employees of the National Tax Administration Superintendence (ANCEJUBSUNAT) v. Peru, supra, para. 34 and Case of Mina Cuero v. Ecuador, supra, para. 128.
87
Cf. Case of Lagos del Campo v. Peru, supra, para. 145; Case of the Dismissed Employees of Petroperú
et al. v. Peru, supra, para. 192; Case of San Miguel Sosa et al. v. Venezuela, supra, paras. 219 and 220; Case
of Spoltore v. Argentina, supra, para. 82; Case of the Employees of the Fireworks Factory of Santo Antônio de
Jesus and their families v. Brazil, supra, para. 68; Case of Casa Nina v. Peru, supra, para. 104; Case of the
Buzos Miskitos (Lemoth Morris et al.) v. Honduras, supra, para. 68; Case of the Former Employees of the
Judiciary v. Guatemala, supra, paras. 128 to 133; Case of Palacio Urrutia et al. v. Ecuador, supra, para. 153;
Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru, supra, para. 107; Case of
Pavez Pavez v. Chile, supra, para. 87 and Case of Mina Cuero v. Ecuador, supra, para 130.
Cf. Article 45 of the OAS Charter. – “The 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: […] (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 […]”.
88
89
Cf. 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.”
90
Cf. 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.”
31