26, the Court has pointed out that the wording of the aforementioned provision indicates that these
rights are derived from the economic, social, educational, scientific, and cultural standards set forth
in the OAS Charter. 126 In this regard, Articles 45(b) and (c), 127 46 128 and 34(g) 129 of the Charter
establish norms that refer to the right to work. Furthermore, in Advisory Opinion OC-10/89 the Court
has indicated that “[t]he member States of the Organization have signaled their agreement 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
corresponding provisions of the Declaration.” 130 In addition, Article XIV of the American Declaration
stipulates that “[e] very person has the right to work, under proper conditions, and to follow his
vocation freely […].” Similarly, Article 29(d) of the American Convention expressly establishes that
“[n]o provision of this Convention shall 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 stated that this right 131 is established in the international
corpus iuris. 132
88.
The Court has also specified that job security does not imply an unrestricted permanence in
the job or position; rather, it has indicated that this right must be respected, among other measures,
by granting protection to the worker so that, if he or she is dismissed, this dismissal is not arbitrary
but is carried out with justification. This means that the employer must provide sufficient grounds for
imposing 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. 133
Likewise, the Court considers that the right to job security protects workers from being deprived of
their jobs due to direct or indirect interference by the public authorities, since this affects the freedom
126
Cf. Case of Lagos del Campo v. Peru, supra, para. 143, and Case of the Workers of the Fireworks Factory in Santo
Antônio de Jesus and their Families v. Brazil, supra, para. 155.
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 […].
127
128
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.
129
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 devote their
utmost efforts to accomplishing the following basic goals: […] g) Fair wages, employment opportunities, and acceptable working
conditions for all.
130
Cf. Interpretation of the American Declaration of the Rights and Duties of Man in the context 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
Former Employees of the Judiciary v. Guatemala. Preliminary objections, merits and reparations. Judgment of November 17,
2021. Series C No. 445, para. 102.
131
Cf. Case of Lagos del Campo v. Peru, supra, para. 145.
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; and Article 1 of the European
Social Charter and Article 15 of the African Charter on Human and Peoples’ Rights.
132
133
Cf. Case of Lagos del Campo v. Peru, supra, para. 150, and Case of Casa Nina v. Peru, supra, para. 107.
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