27. Unfortunately, and as Medina and David have said, “the position of the
majority undermines the effectiveness not only of the Protocol of San
Salvador, but also of Article 26 itself,” 72 and this provision of the Convention
has a specific content that the Court can and must develop in cases coming
before it.
28. None of this should lead to confusing the legal and regulatory resources
available to the domestic courts with those pertaining to an international
court such as the Inter-American Court of Human Rights. There is no
provision in the Convention that empowers the Court to find that the right
to work has been violated autonomously.
Patricia Pérez Goldberg
Judge
Pablo Saavedra Alessandri
Registrar
72
Cf. MEDINA and DAVID, ”The American Convention on Human Rights” (2022:28). Free back-translation.