8.
It is for this reason that I have stated that the interdependence and indivisibility enables
viewing the individual integrally as a full holder of rights, which has an impact on the justiciability
of his or her rights. The American Declaration on Human Rights recognizes civil and political rights
and economic, social and cultural rights. This is reaffirmed in the Preamble of the American Convention: “Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal
of free men enjoying freedom from fear and want can be achieved only if conditions are created
whereby everyone may enjoy his economic, social, and cultural rights, as well as his civil and
political rights…”. The next paragraph mandated the drafting of a convention on ESCER. In turn,
the Preamble to the Protocol of San Salvador states: “Considering the close relationship that
exists between economic, social and cultural rights, and civil and political rights, in that the different categories of rights constitute an indivisible whole based on the recognition of the dignity
of the human person, for which reason both require permanent protection and promotion if they
are to be fully realized, and the violation of some rights in favor of the realization of others can
never be justified.”
9.
According to this perspective, Article 26 of the Convention functions as a framework article
in that it refers in general terms to economic, social, cultural and environmental rights, the reading and the determination of which remits us to the OAS Charter. The Protocol of San Salvador,
in turn, individualizes and gives content to those rights. I underline that, in view of the great
importance of these rights, the Protocol states that they should be reaffirmed, developed, perfected and protected (see Preamble). Finally, there is a group of instruments of the inter-American
corpus juris that also refer to ESCER.
10. Thus, as a framework article, Article 26 of the Convention enables a greater and more
coherent confluence with the other articles of the Convention when determining the meaning and
scope of the violations. This interpretation transcends the artificial division between rights of different categories with different degrees of effectiveness that in the case of ESCER denies access
to inter-American justice for their safeguarding. This is especially so when the Court intervenes
in cases involving the most unequal zone of the planet. In reaffirming the perspective of simultaneity, we seek to ignore the reductionisms that might denote the aforementioned two perspectives. On the one hand, a perspective that eliminates the possibility of declaring an infringement
of Article 26, which ultimately completely invisibilizes the autonomy and existence of ESCER as
truly justiciable rights and, therefore, in force. On the other hand, a perspective that considers
Article 26 as the only instrument of application when dealing with ESCER, which would ignore the
interdependence and interrelationship with civil and political rights.
11. This case perfectly demonstrates the necessity of a coherent and congruent protection not
only within the scope of ESCER, but also from a broad analysis of violations in simultaneity with
civil and political rights. I repeat that, in no case, may human rights be treated in an isolated
manner and without considering them as a whole, because the complex reality requires an analysis that privileges the interdependence and inter-relationship among them. This case exemplifies
that confluence since the Court finds that the 184 persons were victims of the violation of their
right to be heard with due guarantees and within a reasonable period, by competent judges or
courts, as required by Articles 8(1) and 25(1) of the Convention, read in conjunction with the
obligation to respect and ensure the rights contained in Article 1(1) thereof. It must be underscored that, therefore, the guarantees of due process, access to justice and political rights regarding dismissals from employment and the violation of the right to work, especially with regard
to the right to work stability, must be treated jointly. We thus need a full analysis in the light of
those rights that comprise, as one of the components, the right to work stability and the right to
protection from dismissal without the possibility of an effective appeal. In contrast, to approach
the analysis only from the civil and political rights involved would be limiting, as it would also be
to focus only on the issue of work.
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