discrimination based on disability is eliminated and to promote full social integration of
persons with disabilities.64 In this regard, the Committee on Economic, Social and
Cultural Rights has underscored the obligation to take special measures “to the
maximum extent of their available resources, to enable such persons to seek to
overcome any disadvantages, in terms of the enjoyment of the rights specified in the
Covenant, flowing from their disability.”65
B.2. Right to work of persons with disabilities
55.
The Court recalls that the Commission and the representatives alleged violation
of the right to work, as established in Article 26 of the Convention, and that the state
acknowledged this violation. Regarding this, the Court has established its material
competence to hear and resolve disputes related to article 26 of the American
Convention as an integral part of the rights set forth therein, rights regarding which
Article 1(1) establishes an obligation for states to respect and guarantee.66 The Court
also recalls that this competence has been reaffirmed in at least 22 contentious cases,67
as well as in two advisory opinions.68
Cf. Case of Ximenes Lopes v. Brazil, supra, para. 105, and Case of Guachalá Chimbo et al. v. Ecuador,
supra, para. 87.
64
Committee on Economic, Social, and Cultural Rights, General Comment 5: Persons with Disabilities,
E/1995/22, of December 9, 1994, para. 5.
65
Cf., inter alia, Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller”)
v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of July 1, 2009. Series C No. 198,
paras. 97-103, Case of Lagos del Campo v. Peru. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of August 31, 2017. Series C No. 340, paras. 142 and 154; and Case of the National Association of
Discharged and Retired Employees of the National Tax Administration Superintendence v. Peru. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of November 21, 2019. Series C No. 394, para. 33.
66
Cf. Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller”) v. Peru,
Case of Lagos del Campo v. Peru, supra, Case of Dismissed Employees of Petroperú et al. v. Peru. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of November 23, 2017. Series C No. 344; Case of San
Miguel Sosa et al. Venezuela. Merits, Reparations, and Costs. Judgment of February 8, 2018. Series C No.
348; Case of Poblete Vilches et al. v. Chile. Merits, Reparations, and Costs. Judgment of March 8, 2018. Series
C No. 349; Case of Cuscul Pivaral et al. v. Guatemala. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of August 23, 2018. Series C No. 359; Case of Muelle Flores v. Peru. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of March 6, 2019. Series C No. 375; Case of the National Association of
Discharged and Retired Employees of the National Tax Administration Superintendence v. Peru, supra, Case
of Hernández v. Argentina. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 22,
2019. Series C No. 395; Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v.
Argentina. Merits, Reparations, and Costs. Judgment of February 6, 2020. Series C No. 400; Case of Spoltore
v. Argentina. Preliminary Objections, Merits, Reparations, and Costs. Judgment June 9, 2020. Series C No.
404, Case of the Employees of the Fireworks Factory of Santo Antonio de Jesus v. Brazil, supra; Case of Casa
Nina v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment dated November 24, 2020.
Series C No. 419; Case of Guachala Chimbo et al. v. Ecuador, supra; Case of the Miskito Divers (Lemoth Morris
et al.) v. Honduras. Judgment of August 31, 2021. Series C No. 432; Case of Vera Rojas et al. v. Chile, supra;
Case of the Maya Kaqchikel Indigenous Peoples of Sumpango et al. v. Guatemala. Merits, Reparations, and
Costs. Judgment of October 6, 2021. Series C No. 440; Case of Manuela et al. v. El Salvador, supra; Case of
Former Judicial Branch Workers v. Guatemala. Preliminary Objections, Merits, and Reparations. Judgment of
November 17, 2021. Series C No. 445; Case of Palacio Urrutia et al. v. Ecuador, supra; Case of the National
Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary Objections, Merits, and Reparations.
Judgment dated February 1, 2022. Series C No. 448; and Case of Pavez Pavez v. Chile, supra.
67
Cf. The Environment and Human Rights (State obligations in relation to the environment in the context
of the protection and guarantee of the rights to life and to personal integrity – interpretation and scope of
Articles 4(1) and 5(1) of the American Convention on Human Rights, in conjunction with articles 1(1) and 2).
Advisory Opinion OC-23/17 of November 15, 2017. Series A No. 23, and Advisory Opinion OC-27/21, supra.
68
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