C.2.1. The content of the right to equitable and satisfactory conditions of work
that ensure the health of the worker
68.
This Court has indicated that Articles 45(b) and (c), 73 46 74 and 34(g) 75 of the OAS
Charter establish a series of norms that recognize the right to work. In particular, the Court has
noted that Article 45(b) of the OAS Charter establishes that “b) [w]ork 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.” Thus, the Court has considered that
there is a reference with a sufficient degree of specificity to the right to just and favorable
conditions of work to infer its existence and implicit recognition in the OAS Charter.
Consequently, the Court considers that the right to just and favorable conditions that ensure
safety, health and hygiene of the worker is a right protected by Article 26 of the Convention. 76
69.
With regard to the content and scope of this right, the Court recalls that the American
Declaration recognizes that everyone has the right “to work in decent conditions.” 77 Similarly,
Article 7 of the Protocol of San Salvador establishes that “[t]he States Parties to this Protocol
recognize that the right to work to which the foregoing article presupposes that everyone
shall enjoy that right under just, equitable and satisfactory conditions, which the States
Parties undertake to guarantee in their internal legislation, particularly with respect to: […]
safety and hygiene in the workplace.” In the universal sphere, the Universal Declaration on
Human Rights establishes that “[e]veryone has the right to […] equitable and satisfactory
conditions of work.” Meanwhile, the International Covenant on Economic, Social and Cultural
Rights provides that “[t]he States Parties to the present Covenant recognize the right of
everyone to the enjoyment of equitable and satisfactory conditions of work which ensure, in
particular: […] b) safe and healthy working conditions.” 78
70.
In the context of the International Labor Organization, the Court notes that the Labour
73
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
ensures 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 […].”
74
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.”
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.”
75
Cf. Case of Spoltore v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of June 9,
2020. Series C No. 404, para. 99, and Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus v.
Brazil, supra, para. 155.
76
77
American Declaration, Article XIV.
78
International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 7(b).
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