SEPARATE OPINION OF JUDGE EDUARDO FERRER MAC-GREGOR POISOT CASE OF THE FORMER EMPLOYEES OF THE JUDICIARY V. GUATEMALA JUDGMENT OF NOVEMBER 17, 2021 (Preliminary objections, Merits and Reparations) I. INTRODUCTION: ANOTHER STEP FORWARD IN THE REAFFIRMATION OF INTER-AMERICAN SOCIAL RIGHTS 1. This judgment marks an important contribution to inter-American case law since it is the first precedent, in a contentious case, in which the violation of the right to strike and of the right to freedom to organize is declared autonomously. In this case, the InterAmerican Court of Human Rights (hereinafter “Inter-American Court” or “the Court”) analyzes various aspects that have a significant impact on labor rights of individuals. 2. I fully agree with the decision reached in the judgment, which declares the responsibility of the State, inter alia, for the violation of the right to strike, freedom to organize, the right to work and, specifically, job security, contained in Article 26 and the right to freedom of association contemplated in Article 16, both of the American Convention, in relation to the obligations to respect and guarantee rights and the duty to adopt provisions of domestic law, referred to in Articles 1 and 2 of the same instrument. 1 3. In issue this separate opinion to highlight certain aspects of the right to strike as one of the rights of particular importance in this case. I will emphasize, inter alia, the special function of the right to strike as the main mechanism for the protection of the labor rights of workers, as well as the recognition it has enjoyed both in inter-American law and in international human rights law. In conclusion I will highlight novel aspects that were not considered by the Inter-American Court when it issued its recent Advisory Opinion No. 27 on the rights to freedom to organize, collective bargaining and right to strike. 2 II. THE GRADUAL DEVELOPMENT OF THE CONTENT OF THE INDIVIDUAL AND COLLECTIVE LABOR RIGHTS OF WORKERS IN THE JURISPRUDENCE OF THE INTER-AMERICAN COURT Cf. Case of Former Employees of the Judiciary v. Guatemala. Judgment of November 17, 2021. Preliminary objections, merits and reparations. Series C No. 445, fourth operative paragraph. 1 2 Cf. Rights to freedom to organize, collective bargaining, and strike, and their relation to other rights, with a gender perspective (interpretation and scope of Articles 13, 15, 16, 24, 25 and 26, in relation con Articles 1.1 and 2 of the American Convention on Human Rights, of Articles 3, 6, 7 and 8 del Protocol of San Salvador, of Articles 2, 3, 4, 5 and 6 of the Convention of Belem do Pará, of Articles 34, 44 and 45 of the Charter of the Organization of American States, and of Articles II, IV, XIV, XXI and XXII of the American Declaration of the Rights and Duties of Man). Advisory Opinion OC-27/21 of May 5, 2021. Series A No. 27.