V. CONCLUSION
30.
This is the first contentious case in which the Inter-American Court develops and
declares a violation of the right to strike in light of Article 26 of the American Convention,
which had previously been considered in Advisory Opinion OC-27 on the rights to
freedom of association, collective bargaining, and the right strike.
31.
I believe that this development in contentious case law is a fundamental step
forward in the justiciability of the inter-American social rights of workers. The judgment
is part of a series of cases that reaffirm labor rights, and is particularly important in
setting standards in the region, especially in these pressing times affected by the
pandemic and its effects. 55
32.
The right to strike is also positioned as another element in international law which,
although with few jurisprudential manifestations and a lack of regulatory development,
contributes to the understanding and consolidation of this right as a powerful mechanism
for the defense of workers’ interests.
Eduardo Ferrer Mac-Gregor Poisot
Judge
Pablo Saavedra Alessandri
Registrar
55
Cf. Economic Commission for Latin America and the Caribbean (ECLAC)/International Labour
Organization (ILO), Employment Situation in Latin America and the Caribbean. Policies to protect labour
relations and hiring subsidies amid the COVID-19 pandemic, No. 25 (LC/TS 2021/163), Santiago, 2021.
10
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