42. In sum, it may be concluded that the rights in question are not, in the words of the Convention, “recognized,”58 “set forth,”59 “guaranteed,”60 or “protected”61 and62 in or by it. 43. It should also be pointed out that the judgment merely affirmed that the Court recalled that it had recognized and protected the right to work under Article 26 in several precedents,63 indicating the corresponding judgments in the respective footnote. 64 44. However, the right to work is not “a right protected by Article 26 of the Convention” or “a right recognized” by “Article 26”; rather, it is a right that would be derived “from the 58 Art. 1(1): ”Obligation to Respect Rights. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” Art. 22(4): “Freedom of Movement and Residence: The exercise of the rights recognized in paragraph 1 may also be restricted by law in designated zones for reasons of public interest.” Art. 25(1): “Judicial Protection. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.” Art. 29(a): “Restrictions Regarding Interpretation. No provision of this Convention shall be interpreted as: (a) permitting any State Party, group, or person to suppress the enjoyment or exercise of the rights and freedoms recognized in this Convention or to restrict them to a greater extent than is provided for herein.” Art. 30: “Scope of Restrictions. The restrictions that, pursuant to this Convention, may be placed on the enjoyment or exercise of the rights or freedoms recognized herein may not be applied except in accordance with laws enacted for reasons of general interest and in accordance with the purpose for which such restrictions have been established.” Art. 31: “Recognition of Other Rights. Other rights and freedoms recognized in accordance with the procedures established in Articles 76 and 77 may be included in the system of protection of this Convention.” Art.48(1)(f): “When the Commission receives a petition or communication alleging violation of any of the rights protected by this Convention, it shall proceed as follows: … (f) The Commission shall place itself at the disposal of the parties concerned with a view to reaching a friendly settlement of the matter on the basis of respect for the human rights recognized in this Convention.” Art. 45(1): “Any State Party may, when it deposits its instrument of ratification of or adherence to this Convention, or at any later time, declare that it recognizes the competence of the Commission to receive and examine communications in which a State Party alleges that another State Party has committed a violation of a human right set forth in this Convention.” 59 Art. 47(b) “The Commission shall consider inadmissible any petition or communication submitted under Articles 44 or 45 if: … the petition or communication does not state facts that tend to establish a violation of the rights guaranteed by this Convention.” 60 61 Art.48: “1. When the Commission receives a petition or communication alleging violation of any of the rights protected by this Convention, it shall proceed as follows: (f) The Commission shall place itself at the disposal of the parties concerned with a view to reaching a friendly settlement of the matter on the basis of respect for the human rights recognized in this Convention.” 62 Art.4(1): “Right to Life. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.” Art. 63(1): “If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party.” 63 64 Para. 104. Cf. Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and costs. Judgment of August 31, 2017. Series C No. 340, paras. 142 and 145. Similarly: Case of the Discharged Employees of PetroPeru et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of November 23, 2017. Series C No. 344, and Case of San Miguel Sosa et al. v. Venezuela. Merits, reparations and costs. Judgment of February 8, 2018. Series C No. 348.

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