C. Right to work and to just, equitable and satisfactory conditions that ensure the
safety, health and hygiene of the worker, right to health and social security and to
equality and non-discrimination, in relation to the obligations of respect and
guarantee, and the duty to adopt provisions of domestic law (Article 26 of the
American Convention in relation to Articles 1(1) and 2 of the same instrument)
C.1. General considerations with respect to the content and scope of Article
26 of the American Convention
61.
The Court recalls that in the friendly settlement agreement, the parties asked the Court
to rule on the content and scope of the rights that were affected in this case, especially those
derived from Article 26 of the American Convention. In this regard, the Court emphasizes that
the State acknowledged its international responsibility for the violation of the rights derived
from Article 26, in terms of their immediate enforceability. Consequently, the State accepted
this Court’s jurisdiction to examine direct violations of Article 26 of the Convention.
62.
Regarding the scope of Article 26 of the American Convention in relation to Articles
1(1) and 2 of the same instrument, this Court has interpreted that the Convention
incorporated in its catalog of protected rights the so-called economic, social, cultural and
environmental rights (ESCER), through a derivation of the norms contained in the Charter of
the Organization of American States (OAS), as well as the rules of interpretation established
in Article 29 of the Convention itself, which states that “no provision [shall be interpreted as]
limiting or excluding” the enjoyment of the rights established in the American Declaration,
including those recognized in different domestic laws of the States. Furthermore, in
accordance with a systematic, teleological and evolutive interpretation, the Court has referred
to the international and national corpus iuris on this matter to give specific content to the
scope of the rights protected under the Convention, in order to determine the scope of the
specific obligations of each right. 68
63.
Thus, the Court uses the sources, principles and criteria of the international corpus
iuris as special applicable norms to determine the content of the ESCER protected under
Article 26 of the Convention. This Court has indicated that the aforementioned norms are used
to determine the rights in question as a supplement to the provisions of the Convention. In
this regard, the Court reiterates that it is not assuming competence over treaties for which it
has none; nor is it granting conventional rank to norms contained in other national or
international instruments relating to the ESCER. 69 On the contrary, the Court will make an
interpretation in keeping with the provisions of Article 29 and its case law practice, allowing
it to update the meaning of the rights derived from the OAS Charter that are recognized by
Article 26 of the Convention.
64.
Moreover, in determining the content and scope of the ESCER involved, the Court
places special emphasis on the American Declaration given that, as was established this
Court:
[…] [T]he member states of the Organization have signaled their agreement that the
Declaration contains and defines the fundamental human rights referred to in the
Charter. Thus the Charter of the Organization cannot be interpreted and applied as
Cf. Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
August 31, 2017. Series C No. 340, paras. 141 to 149, and Advisory Opinion OC-27/21, supra, para. 46.
68
Cf. Case of the Pacheco Tineo Family v. Bolivia. Preliminary objections, merits, reparations and costs.
Judgment of November 25, 2013. Series C No. 272, para. 143, and Advisory Opinion OC-27/21, supra, para. 49.
69
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