indivisibility, interdependence and interrelation.120 This indicates that both categories of
rights should be understood integrally and indivisibly as human rights, without any
hierarchy between them, enforceable in all cases before the competent authorities.121
101. The Court recalls that the right to work has been recognized and protected through
Article 26 of the Convention in different precedents.122 Regarding the specific labor rights
protected by the aforementioned Article 26, the Court has pointed out that the terms of
this precept indicate that they are those rights derived from the economic, social,
educational, scientific, and cultural standards contained in the Charter of the
Organization of American States (hereinafter "OAS Charter.")123 In this sense, Articles
45(b) and (c)124, 46125 and 34(g)126 of the Charter establish rules that refer to the right
to work. Additionally, the Court has indicated in its Advisory Opinion OC-10/89, that the
Member States have understood that the American Declaration contains and defines the
fundamental human rights referred to in the Charter. Thus the Charter of the
Organization cannot be interpreted and applied as far as human rights are concerned
without relating its norms, consistent with the practice of the organs of the OAS, to the
Cf. Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations, and costs. Judgment
of August 31, 2017. Series C No. 340, paras. 141, and Case of Guevara Díaz v. Costa Rica. Merits, Reparations,
and costs. Judgment of June 22, 2022. Series C No. 453, paras. 56.
120
121
Cf. Case of Acevedo-Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”)
v. Peru. Preliminary objections, Merits, Reparations, and costs. Judgment of July 1, 2009. Series C No. 198,
para. 101; Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objections, Merits, Reparations, and costs.
Judgment of August 23, 2018. Series C No. 359, para. 85.
Cf. Case of Lagos del Campo v. Peru, supra, paras. 142 and 145. In a similar vein: Case of Dismissed
Employees of Petroperú et al. v. Peru, supra, paras. 142 and 143; Case of San Miguel Sosa et al. v. Venezuela.
Merits, Reparations, and Costs. Judgment of February 8, 2018. Series C No. 348, para. 220; Case of Spoltore
v. Argentina. Preliminary objections, Merits, Reparations, and costs. Judgment of June 9, 2020. Series C No.
404, para. 84; Case of the Employees of the Fireworks Factory of Santo Antônio de Jesus and their families v.
Brasil. Preliminary objections, Merits, Reparations, and Costs. Judgment of July 15, 2020. Series C No. 407,
para. 155; Case of Casa Nina v. Peru, supra, para. 104, and Case of Former Employees of the Judiciary v.
Guatemala, supra, para. 128, Case of Pavez Pavez v. Chile. Merits, Reparations, and costs. Judgment of
February 4, 2022. Series C No. 449, para. Case of Mina Cuero v. Ecuador, supra, para. 135.
122
123
128.
Cf. Case of Lagos del Campo v. Peru, supra, para. 143, and Case of Mina Cuero v. Ecuador, supra, para.
Article 45 of the OAS Charter – The Member States, convinced that man can only achieve the full realization
of his aspirations within a just social order, along with economic development and true peace, agree to dedicate
every effort to the application of the following principles and mechanisms: [...] (b) Work is a right and a social
duty, it gives dignity to the one who performs it, and it should be performed under conditions, including a
system of fair wages, that ensure life, health, and a decent standard of living for the worker and his family,
both during his working years and in his old age, or when any circumstance deprives him of the possibility of
working; (c) Employers and workers, both rural and urban, have the right to associate themselves freely for the
defense and promotion of their interests, including the right to collective bargaining and the workers' right to
strike, and recognition of the juridical personality of associations and the protection of their freedom and
independence, all in accordance with applicable laws [...].
124
125
Article 46 of the OAS Charter. – The Member States recognize that, in order to facilitate the process of
Latin American regional integration, it is necessary to harmonize the social legislation of the developing
countries, especially in the labor and social security fields, so that the rights of the workers shall be equally
protected, and they agree to make the greatest efforts possible to achieve this goal."
Article 34(g) of the OAS Charter – The Member States agree that equality of opportunity, the elimination
of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in
decisions relating to their own development are, among others, basic objectives of integral development. To
achieve them, they likewise agree to deopinion their utmost efforts to accomplishing the following basic goals:
To achieve these objectives, they also agree to dedicate their utmost efforts to the attainment of the following
basic goals: [...] (g) Fair wages, employment opportunities, and acceptable working conditions for all.
126
31