judges of yesterday, today and assuredly tomorrow with a “trans-generational
perspective.” In addition, the justiciability of those rights has been “fully absorbed into
the language of the American human rights protection system, transforming it into a
category that is fundamental for addressing the urgent problems facing the peoples of
the continent, impacted by profound material inequalities.” 80
46.
This jurisprudential viewpoint enables the visualization of the effective protection
of all rights, be they civil, political, economic, social, cultural or environmental. This
furthers their interdependence and indivisibility, without any hierarchy among them,
making possible a greater clarity on their content and scope of protection, as well as on
the inter-American standards concerning the States’ obligations in the area of social
justice.
47.
Granting to each right its differentiated autonomy and scope of protection is in
accord with the Court’s interpretative advances during the past five years. It also is in
accord with current times and with interpretations made by national courts -especially
the tribunals, courts and constitutional chambers in Latin America- granting full
justiciability to claims of violations of the right to work not only in the light of the national
constitutions and the international treaties that contemplate them, but also taking into
account the Court’s case law, which enables a greater intensity in the jurisprudential
dialogue and in the dynamic of the control of constitutionality that has occurred in the
region during recent years.
48.
Specifying the content and distinct scopes of the protection of the right to work
(Article 26) and the right to have access to public service under general conditions of
equality (Article 23) —frontally and without unnecessary overlapping- furthers the full
understanding of the facts and violations that might arise in each specific case. This
distinction also contributes to consolidating a regional ius commune in the area of human
rights, especially relevant in view of the incommensurable challenges that we confront
in the area of social justice due to the toxic effects of the pandemic. 81
Eduardo Ferrer Mac-Gregor Poisot
Judge
Rodrigo Mudrovitsch
Judge
Pablo Saavedra Alessandri
Registrar
80
Concurring opinion of Judge Rodrigo Mudrovitsch in Guevara Díaz v. Costa Rica, op. cit., paras. 144
and 145.
81
Cf. Economic Commission for Latin America and the Caribbean (ECLA), Social Panorama of Latin
America, 2021 (LC/PUB.2021/17-P), Santiago, 2022.
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