the rights that are alleged to have been violated. Thus, the Court will not declare a violation
of Article 2 of the Convention.
C. Conclusion
118. In view of the above considerations, the Court finds that the 184 alleged victims listed
in Annex 1 of this judgment were all congressional employees who were dismissed
arbitrarily. The Court finds that the dismissals were an infringement of work stability, which
is a component of the right to work and of which they were holders. Therefore, the State
violated Article 26 of the Convention, read in conjunction with the obligations to respect and
guarantee the rights contained in Article 1(1) thereof.
VIII-3
POLITICAL RIGHTS IN RELATION TO THE OBLIGATIONS TO RESPECT AND
GUARANTEE THE RIGHTS96
119. Article 23(1)(c) of the Convention establishes the right to have access, under general
conditions of equality, to public service. The Court has interpreted that access under
conditions of equality would be an insufficient guarantee if it were not accompanied by the
effective protection of continuance in the position,97 which means that the procedures of
appointment, promotion, suspension and dismissal of public officials must be objective and
reasonable; in other words, they must respect the guarantees of due process.98
120. The Court has repeatedly ruled on this right in relation to the procedures used to
remove public officials and has held that it is related to the guarantee of stability or
irremovability in the position.99
121. In any case, the Court notes that a literal reading of the guarantees contained in Article
23(1)(c) are applicable to all those who exercise public functions. Therefore, when the
continuance of persons in the exercise of those functions is arbitrarily affected, their political
rights are not recognized.100
122. In view of the above and in application of the principle iura novit curia, the Court finds
that, as is evident in this case, the dismissal of the 184 persons listed in Annex 1 of this
judgment did not adhere to the guarantees of due process, which arbitrarily affected their
continuance in their positions.
123. Consequently, the Court rules that the State improperly affected the rights of the
alleged victims to continue in their positions, under conditions of equality, in violation of the
right set out in Article 23(1)(c) of the Convention, read in conjunction with Article 1(1)
thereof.
96
Article 23 of the Convention, read in conjunction with Article 1(1) thereof.
Cr. Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment
of June 30, 2009. Series C No. 197, para. 138 and Case of Cuya Lavy et al. vs. Peru, supra, para. 159.
97
Cf. Case of Moya Solís v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of
June 3, 2021. Series C No. 425, para. 108 and Case of Cuya Lavy et al. v. Peru, supra, para. 159.
98
99
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 138 and Case of Mina Cuero v. Ecuador, supra,
para. 135.
100
Cf. Case of Moya Solís v. Peru, supra, para. 109.
33