of individuals to earn a living through the work of their choice, and their right to remain in their jobs,
as long as there are no justified causes for their dismissal.
89.
Regarding the content of the right to work, and for the purposes of this case, the Committee
on Economic, Social and Cultural Rights, in its General Comment No. 18 on the right to work, stated
that States Parties have immediate obligations in relation to the right to work, such as the obligation
to “guarantee” the exercise of this right without any discrimination.” 134 In turn, the ILO Convention
on Discrimination (Employment and Occupation), 135 ratified by Chile in 1971, establishes in Article 2,
that “each Member for which this Convention is in force undertakes to declare and pursue a national
policy designed to promote, by methods appropriate to national conditions and practice, equality of
opportunity and treatment in respect of employment and occupation, with a view to eliminating any
discrimination in respect thereof.” Similarly, the ILO Convention states that every Member for which
this agreement is in force undertakes to “carry out such a policy in respect of employment under the
direct control of a national authority.” 136
90.
In turn, the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up
states that “all Members have an obligation […] to respect, to promote and to realize, in good faith
and in accordance with the Constitution, the principles concerning the fundamental rights which are
the subject of those Conventions, namely: […] (d) the elimination of discrimination in respect of
employment and occupation.” 137 The Court emphasizes that, as stated by the ILO in the 1999 Report
of the Director General, “decent work” involves the convergence of four strategic objectives in labor
matters: the promotion of the fundamental rights of work; employment; social protection and social
dialogue. 138 It should also be recalled that, among the Sustainable Development Goals adopted by the
United Nations General Assembly in the Resolution “Transforming our World: The 2030 Agenda for
Sustainable Development” is Goal 8, which aims to promote sustained, inclusive and sustainable
economic growth, full and productive employment and decent work for all. Among its targets are: “by
2030, achieve full and productive employment and decent work for all women and men, including for
young people and persons with disabilities, and equal pay for work of equal value.” 139
B.2. Decree 924
91.
The Commission and the representatives alleged that Decree 924 is not in conformity with the
content of the American Convention and that it violates the right to equality and the obligation to
adopt provisions of domestic law (Articles 24 and 2 of the Convention), because it does not establish
safeguards to prevent the granting of certificates of suitability to teach religious education classes in
a manner that is arbitrary or in violation of fundamental rights.
92.
As mentioned previously, Decree 924 regulates religious education classes in public and private
schools and, in particular, stipulates that in order to teach religion classes, the teacher must “be in
possession of a certificate of suitability granted by the corresponding religious authority, which will be
valid for as long as the latter does not revoke it, and will also certify the studies he or she has
completed to serve in that position.” In this regard, the Court recalls that Sandra Pavez Pavez taught
Catholic religion classes in a public educational establishment.
93.
In view of the foregoing, it is necessary to analyze the aforementioned decree and determine
whether it is contrary to the right to equality. To this end, the Court will examine the conventionality
134
United Nations, Committee on Economic, Social and Cultural Rights, General Comment No 18: The right to work, U.N.
Doc. E/C.12/GC/18, November 24, 2005.
135
ILO. C111 - Convention on Discrimination (Employment and Occupation), 1958 (No. 111).
136
ILO. C111 - Convention on Discrimination (Employment and Occupation), 1958 (No. 111). Article 3 (d)
137
ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up.
138
Cf. International Labour Conference, Memoria del Director General: Decent work. ILO, 1999.
United Nations. Resolution 70/01. Transforming our World: 2030 Agenda for Sustainable Development, adopted by
the General Assembly on September 25, 2015, Goal 8.
139
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