make it possible to identify the right to work.727374 Specifically, the Court has found that
Article 45(b) of the OAS Charter establishes the following: “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.” The Court
has thus found that the connection to the right to work is sufficiently specific to derive
its implicit existence and recognition from the OAS Charter.
59.
Regarding the content and scope of this right, the Court recalls that Article XIV
of the American Declaration of the Rights and Duties of Man establishes that “[e]very
person has the right to work, under proper conditions, and to follow his vocation freely
[...].” Similarly, Article 6 of the Protocol of San Salvador establishes that “[e]veryone
has the right to work, which includes the opportunity to secure the means for living a
dignified and decent existence by performing a freely elected or accepted lawful activity.”
At the universal level, the Universal Declaration of Human Rights establishes that
“[e]veryone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.”For its part, the
International Covenant on Economic, Social and Cultural Rights (hereinafter “ICESCR”)
establishes that “[t]he States Parties to the present Covenant recognize the right to
work, which includes the right of everyone to the opportunity to gain his living by work
which he freely chooses or accepts, and will take appropriate steps to safeguard this
right.”75
60.
The Court notes that in its General Comment No. 18 on the right to work, the
Committee on Economic, Social and Cultural Rights stated that states have an obligation
“to assure individuals their right to freely chosen or accepted work, including the right
not to be deprived of work unfairly.”76 Likewise, the Committee established that States
have the obligation to respect this right, meaning they must “refrain from interfering
Cf. 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 [...].”
72
Cf. 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.”
73
Cf. 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.”
74
75
International Covenant on Economic, Social and Cultural Rights (ICESCR), article 7(b).
Cf. Committee on Economic, Social and Cultural Rights. General Comment No. 18. The Right to Work
(Art. 6), E/C.12/GC/18, of November 24, 2005, para. 4.
76
20