127. Consequently, the Court considers that the Guatemalan State is responsible for the violation of the right to strike, freedom of association and freedom to organize recognized in Articles 16 and 26 of the American Convention, in relation to Articles 1(1) and 2 of the same instrument, to the detriment of the 65 former employees of the Judiciary listed in the Single Annex. B.2. The right to work and to job security 128. With regard to the specific labor rights protected by Article 26 of the American Convention, the Court has already determined that the wording of said article indicates that these rights are derived from the economic, social, educational, scientific and cultural standards contained in the OAS Charter. 139 In this sense, Articles 45(b) and (c), 140 46, 141 and 34(g) 142 of the Charter establish that “[w]ork is a right and a social duty” and that this should be performed with “fair wages, employment opportunities, and acceptable working conditions for all.” These articles also establish the right of workers to “associate themselves freely for the defense and promotion of their interests.” They also require the State to “harmonize the social legislation” for the protection of such rights. In its Advisory Opinion OC-10/89, the Court indicated that: […] The Member States […] have signaled their agreement that the 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 organs of the OAS, to the corresponding provisions of the Declaration. 143 129. In this regard, Article XIV of the American Declaration establishes that “[e]very person has the right to work, under proper conditions, and to follow his vocation freely.” This provision is relevant in defining the scope of Article 26, given that “the American Declaration constitutes, where applicable and in relation to the OAS Charter, a source of international obligations.” 144 Furthermore, Article 29(d) of the American Convention expressly establishes that “[n]o provision of this Convention may be interpreted as: […] d) excluding or limiting the effect that the American Declaration of the Rights and Duties of Man and other international acts of the same nature have.” 130. The Committee on Economic, Social and Cultural Rights, in General Comment No. 18 on the right to work, has stated that this right “also implies the right not to be unfairly deprived of 139 Cf. Case of Lagos del Campo v. Peru, supra, para. 143, and Case of Vera Rojas et al. v. Chile, supra, para. 33. 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 […]. 140 141 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. 142 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. 143 Advisory Opinion OC-10/89, supra, para. 43. 144 Advisory Opinion OC-10/89, supra, paras. 43 and 45. 37

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