corresponding provisions of the Declaration.127 In this regard, Article XIV of the
aforementioned Declaration provides that "every person has the right to work, under
proper conditions, and to follow his vocation freely [...].” Likewise, Article 29(d) of the
American Convention expressly provides that "[n]o provision of this Convention may be
interpreted as: [...] (d) excluding or limiting the effect that the American Declaration of
the Rights and Duties of Man and other international acts of the same nature may have."
Furthermore, the Court indicated that the corpus iuris international128 establishes the
referred right.129
102. Additionally, the Court has clarified that job security does not mean remaining in
the position with no limitations, but rather, refers to respect of this right, among other
measures, by granting due guarantees of protection to the worker so that if he or she is
dismissed, it be with justification, which means that the employer must provide sufficient
reasons to impose this sanction with the due guarantees, and that the worker may
appeal this decision before the domestic authorities, who must verify that the
justification given is not arbitrary or unlawful.130 Likewise, the Court has indicated in the
Case of San Miguel Sosa et al. v. Venezuela that the State fails to fulfill its obligation to
guarantee the right to work and, consequently, job security, when it does not protect its
state officials from arbitrary terminations of their employment relationships.131
103. As has been referred to in this Judgment, when performing the duties of
administrators of justice, prosecutors must enjoy job security guarantees as an basic
condition of their independence to property fulfill their duties (above para. 58). In the
instant case, the Court concluded that the JEM's decision to remove then Prosecutor
Nissen Pessolani was arbitrary, as it did not comply with the guarantees of due process,
which also constituted a violation of the right to job security, as part of the right to work,
which as an employee of the Public Prosecutor's Office of Paraguay, he was entitled to
during the time he held the position.
104. In accordance with the foregoing, the State is responsible for the violation of the
right to job security, as recognized in Article 26 of the Convention.
VII
REPARATIONS
105. Based on the Article 63(1) of the American Convention, the Court has indicated
that every violation of an international obligation which results in harm creates a duty
to make adequate reparation, and that this provision includes a customary norm that
Cf. Interpretation of the American Declaration of the Rights and Duties of Man in the Framework of Article
64 of the American Convention on Human Rights. Advisory opinion OC-10/89 of July 14, 1989. Series A No.
10, para. 43, and Case of Pavez Pavez v. Chile, supra, para. 87.
127
For example: Article 6 of the International Covenant on Economic, Social, and Cultural Rights, Article
23 of the Universal Declaration of Human Rights, Articles 7 and 8 of the Social Charter of the Americas, Articles
6 and 7 of the Additional Protocol to the American Convention on Economic, Social, and Cultural Rights, Article
11 of the Convention on the Elimination of All Forms of Discrimination against Women, Article 32.1 of the
Convention on the Rights of the Child, as well as Article 1 of the European Social Charter and Article 15 of the
African Charter on Human and Peoples' Rights.
128
129
87.
130
134.
Cf. Case of Lagos del Campo v. Peru, supra, para. 145, and Case of Pavez Pavez v. Chile, supra, para.
Cf. Case of Lagos del Campo v. Peru, supra, para. 150, and Case of Mina Cuero v. Ecuador, supra, para.
Cf. Case of San Miguel Sosa et al. v. Venezuela, supra, para. 221. See also, Case of Mina Cuero v.
Ecuador, supra, para. 134.
131
32