45. The State claimed that Article 26 of the American Convention and Articles 6 and 7 of
the Protocol of San Salvador were wrongfully included in the Merits Report. It argued that
the Court cannot analyze alleged violations of economic, social and cultural rights and it
requested that the Court prudently exercise its competences and attributions under the
Convention. It also claimed that the representatives referred, in their pleadings and motions
brief, to issues that were not claimed domestically nor are found in the factual framework
of the Merits Report; in particular, issues of work stability, remuneration, time of service
required for a pension, social security and health, adequate food, water, sanitation, clothing,
housing and medical care.
46. The Commission pointed out that the organs of the inter-American system have
repeatedly held that they have jurisdiction to analyze a possible violation of Article 26.
Moreover, it indicated that the State’s argument is based on a showing that it is not
responsible for the alleged violation, which should be resolved with the merits.
Consequently, it asked the Court to reject the State’s position on the lack of jurisdiction.
47. The representatives recalled that in Acevedo Buendía et al. (Discharged and Retired
Employees of the Comptroller) v. Peru case, the Court held that it has jurisdiction to analyze
alleged violations of all the rights recognized in the Convention, including those set out in
Article 26, and recalled that this decision has been reiterated in subsequent judgments. They
pointed out that Article 26 establishes obligations in the area of economic, social and cultural
rights that Peru did not respect with regard to the alleged victims and claimed that the
references to the various elements of the right to work sought to clarify and explain aspects
that enrich the analysis of the case and its implications on the rights protected by Article 26.
E.2 Considerations of the Court
48. As to the State’s argument that the Court cannot analyze violations of the right to
work included in Article 26 because it lacks material jurisdiction regarding that right, the
Court reaffirms its jurisdiction to hear and resolve controversies concerning that article as
an integral part of the rights enumerated in the text of the Convention, with respect to which
Article 1(1) confers obligations of respect and guarantee.26 As has been indicated in prior
Cf. Case of Acevedo Buendía et al. ("Discharged and Retired Employees of the Comptroller”) v. Peru.
Preliminary Objection, Merits, Reparations and Costs. Judgment of July 1, 2009. Series C No. 198, paras. 97
to 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; Case of the Dismissed Employees of Petroperú et al.
v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2017. Series C No.
344, para. 192; Case of San Miguel Sosa et al. v. Venezuela. Merits, Reparations and Costs. Judgment of
February 8, 2018. Series C No. 348, para. 220; Case of Poblete Vilches et al. v. Chile. Merits, Reparations and
Costs. Judgment of March 8, 2018. Series C No. 349, para. 100; Case of Cuscul Pivaral et al. v. Guatemala.
Preliminary Objection, Merits, Reparations and Costs. Judgment of August 23, 2018. Series C No. 359, paras.
75 to 97; Case of Muelle Flores v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of
March 6, 2019. Series C No. 375, paras. 34 to 37; National Association of Discharged and Retired Employees
of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 21, 2019. Series C No. 394, paras 33 to 34; Case of Hernandez
v. Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 22, 2019. Series
C No. 395, para 62; Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v.
Argentina. Merits, Reparations and Costs. Judgment of February 6, 2020. Serie C No. 400, para 195, Case of
Spoltore v. Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 9, 2020. Series
C No. 404, para. 85; Case of the Employees of the Fireworks Factory of Santo Antônio de Jesus and their
families v. Brazil. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 15, 2020. Series C
No. 407, para. 23; Case of Casa Nina v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment
of November 24, 2020. Series C No. 419, paras. 26 and 27; Case of Guachalá Chimbo et al. v. Ecuador. Merits,
Reparations and Costs. Judgment of March 26, 2021. Series C No. 423, para. 97; Case of the Buzos Miskitos
(Lemoth Morris et al.) v. Honduras. Judgment of August 31, 2021. Series C No. 432, paras. 62 to 66; Case of
Vera Rojas et al. v. Chile. Preliminary Objections, Merits, Reparations and Costs. Judgment of October
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