(paragraph 86). It should be indicated that over and above the provisional nature of
the post, the State had the duty to ensure objective criteria for the termination of
the provisional appointment in order to guarantee independence in the exercise of
the adversarial function.
17.
Thus, by a harmonious interpretation of the inter-American instruments considering
the interdependence and indivisibility of the civil and political rights on the one hand,
and the economic, social, cultural and environmental rights on the other, the Court
is able to rule on the violations of one or the other. Therefore, the same fact based
on act or omission may simultaneously signify the violation of a civil and political
right and of an economic, social, cultural or environmental right.
18.
As can be seen from the third operative paragraph the judgment: “The State is
responsible for the violation of judicial guarantees, the right to remain in the post
under general conditions of equality and the right to work recognized in Articles 8(1),
23(1)(c) and 26 of the American Convention on Human Rights, in relation to Articles
1(1) and 2 of this instrument.”
19.
I agree with this paragraph inasmuch as it reveals that there was a joint and
simultaneous violation of the rights: to special protection for access to and
permanence in public office and independence of the prosecutor established in Article
23(1) of the Convention, and the right to work, because the independence
guaranteed by job stability, pursuant to Article 26 of the Convention, was not
respected or ensured. Moreover, this right is also recognized by Article XIV of the
American Declaration which establishes that: “Every person who works has the right
to receive such remuneration as will, in proportion to his capacity and skill, assure
him a standard of living suitable for himself and for his family.” In my opinion, in the
instant case, this joint and indivisible violation of rights provides the grounds for the
competence of the Inter-American Court of Human Rights.
20.
This is so because I consider that the violated civil and political rights are indivisible
from the right to work, because the violations of the right recognized in Article 23(1)
of the American Convention are directly related and constitute facts that are
inseparable from the violation of the right to work. On this basis, I will now examine
the importance of the protection of participation in public service, its relationship to
the human right to work and the independence of prosecutors under the democratic
rule of law.
III.
21.
Protection of participation in public service, its relationship to the human
right to work and the independence of prosecutors under the democratic
rule of law
As the judgment indicates, the protection of participation in public service in relation
to the human right to work and the protection of the independence of prosecutors is
essential under the democratic rule of law. Consequently, in order to examine the
arguments of the Court, I will present my thoughts on some concepts related to this
issue linking the protection of the universal system of human rights to the regional
system.
decision of the service, that is, the Prosecutor General, because due to ‘needs for the service’ he/she may
terminate his ‘designation.’” Cf. Statement made by Rita Arleny Figueroa Vásquez (evidence file, volume VI,
affidavits, folio 1243).