47
The common intervenors’ arguments
134.
Regarding Article 26 of the Convention, they alleged that:
(a)
Peru is a State party to the International Covenant on Economic,
Social and Cultural Rights, and to the Additional Protocol to the
American Convention on Human Rights in the area of Economic, Social
and Cultural Rights “Protocol of San Salvador,” so that the scope of
Article 26 of the Convention should be determined, bearing in mind the
evolutive interpretation of international instruments and in accordance
with the pro homine principle established in Article 29(b) of the
Convention;
(b)
The progressive development obligation is violated in this case, in
relation to the right to social security established in Article 45 of the
OAS Charter;
(c)
The fact that the State’s Administration has not reinstated the
dismissed employees constitutes a grave violation of their labor and
social security rights recognized in various international instruments
for the protection of human rights;
(d)
This case is an example of the State’s recurrent policy of failing to
comply with its international obligation to protect fundamental human
rights, such as the right to employment and to social security, so that
there is a systematic practice of violation of economic, social and
cultural rights in Peru;
(e)
The alleged victims were dismissed arbitrarily; they were unjustly
deprived of their employment and of their right to remuneration and
other work-related benefits; as a result, their poverty level increased
and this substantially affected their life projects;
(f)
The violation of the alleged victims’ right to social security occurred
when their access and that of their dependants to the coverage
provided by the former Peruvian Social Security Institute, as insured
parties, was interrupted;
(g)
The arbitrary dismissal of the alleged victims and the failure to
reinstate them in their posts meant that they ceased to accumulate
years of service for social security purposes, which prevented many
employees from obtaining a retirement pension;
(h)
Many of the dismissed employees were denied their right to receive a
disability pension because, during the years they endeavored to claim
their labor rights, their health was seriously affected and they were
unable to obtain the necessary financial resources for a decent life.
This situation has even led to the death of many of them and, to date,
the right of their families to a surviving spouse pension has not been
recognized.
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