jurisdiction 90 and, in particular, by the Honduran State. 91
73.
That said, from Article 45 of the OAS Charter, interpreted in light of the American
Declaration and of the other instruments mentioned, it is possible to derive constituent
elements of the right to equitable and satisfactory working conditions that ensure the safety,
health and hygiene of the worker, such as, for example, that it aims to prevent work-related
injuries, illnesses and deaths. 92
74.
In particular, the Court notes that an integral part of the right to work in equitable and
satisfactory conditions is “the prevention of occupational accidents and diseases” as a means
of guaranteeing the health of the worker. With respect to occupational safety and health, the
Committee on Economic, Social and Cultural Rights in General Comment No. 23 indicated the
following:
Preventing occupational accidents and disease is a fundamental aspect of the right to just
and favourable working conditions, and is closely related to other Covenant rights, in
particular the right to the highest attainable level of physical and mental health. States
parties should adopt a national policy for the prevention of accidents and work-related
health injury by minimizing hazards in the working environment and ensuring broad
participation in the formulation, implementation and review of such a policy, in particular
of workers, employers and their representative organizations. While full prevention of
occupational accidents and diseases might not be possible, the human and other costs of
not taking action far outweigh the financial burden on States parties for taking immediate
preventative steps that should be increased over time. 93
75.
Thus, the Court reiterates that this right means that workers should be able to perform
their work in adequate conditions of safety, hygiene and health that prevent occupational
accidents and diseases. This is especially relevant in activities that involve significant risks to
the life and integrity of persons, 94 and particularly of children. In compliance with the State’s
obligation to guarantee this right, and especially in light of Honduran legislation, this right
implies adherence to the provisions of the Fishing Regulations and Title V of the Honduran
90
Cf. Constitution of Argentina, Article 14 bis, and Employment Contract Act, No. 20,744, Article 75; Constitution
of the Plurinational State of Bolivia, Article 46 and General Labor Law, Article 67; Constitution of the Republic of
Chile, Article 5 and 19.16, Labor Code, Article 153 and Law 16.744 on risks of occupational accidents and diseases;
Constitution of Colombia, Articles 25 and 53 and Decree 1072 of 2015 or Decree regulating the employment sector,
Volume 2, Part 2, Title 4 (Occupational Risks), Chapter 6; Constitution of the Republic of Costa Rica, Article 56 and
Labor Code, Articles 283 and 284; Constitution of the Republic of Ecuador, Article 33 and Labor Code, Articles 38
and 42; Constitution of El Salvador, Article 2 and Labor Code Articles 106 and 314; Constitution of Guatemala, Article
101 and Labor Code, Articles 61, 122, 148, 197 and 278; Constitution of the Republic of Haiti, Article 35 and Labor
Code Articles 438-441 and 451-487; Constitution of Mexico, Article 123 and Federal Labor Law, Articles 23, 166,
175, 541 and 542; Constitution of the Republic of Nicaragua, Article 83 and Labor Code, Articles 100 to 105;
Constitution of Panama, Article 64 and Labor Code, Articles 282 and 284; Constitution of the Republic of Paraguay,
Articles 86, 89, 90, 92 and 99 and Labor Code, Articles 36, 49, 194, 273, 274 and 398; Constitution of Peru, Articles
22 and 24 and General Labor Law, Article 322; Constitution of the Dominican Republic, Article 62 and Decree 52206 of 2006 (Regulations on occupational health and safety); Constitution of the Republic of Suriname, Article 28;
Constitution of the Oriental Republic of Uruguay, Articles 7, 53 and 54, and Law 5.032 of 1914 and Law 5.350 of
November 19, 1915.
91
Constitution of the Republic of Honduras, Article 128 and Labor Code, Articles 391 and 395.
Cf. Case of Spoltore v. Argentina, supra, para. 98, and Case of the Workers of the Fireworks Factory in Santo
Antônio de Jesus v. Brazil, supra, para. 174.
92
93
Committee on Economic, Social and Cultural Rights. General Comment No. 23 (2016) on the right to just and
favorable conditions of work (Article 7 of the International Covenant on Economic, Social and Cultural Rights),
E/C.12/GC/23, April 27, 2016, paras. 25 and 29.
Case of Spoltore v. Argentina, supra, para. 99, and Case of the Workers of the Fireworks Factory in Santo
Antônio de Jesus v. Brazil, supra, para. 174.
94
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