this perspective allows us to see the human being holistically as a full holder of rights, and
this influences the justiciability of their rights. In particular, they are indivisible in
circumstances such as those of this case.
8. Indeed, I have asserted that interdependence and indivisibility allow us to see the human
being holistically as a full holder of rights, and this influences the justiciability of their rights.
The American Declaration of Human Rights recognizes both civil and political rights, as well
as economic, social, and cultural rights. A similar vision is affirmed in the Preamble to the
American Convention: "Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal of free men enjoying freedom from fear and want can be achieved only
if conditions are created whereby everyone may enjoy his economic, social, and cultural
rights, as well as his civil and political rights...," subsequently, it calls for the celebration of a
Convention on ESCER. Likewise, in the Preamble of the Protocol of San Salvador: "Considering
the close relationship that exists between economic, social and cultural rights, and civil and
political rights, in that the different categories of rights constitute an indivisible whole based
on the recognition of the dignity of the human person, for which reason both require permanent protection and promotion if they are to be fully realized, and the violation of some rights
in favor of the realization of others can never be justified."
9.
Within this perspective, Article 26 of the Convention serves as a framework article, as
it refers in a general manner to economic, social, cultural, and environmental rights, and for
the interpretation and determination of these rights, it refers us to the OAS Charter. At the
same time, the San Salvador Protocol itself provides specific content to economic, social,
cultural, and environmental rights. I emphasize that, given the great importance of these
rights, the Protocol establishes that they must be reaffirmed, developed, perfected, and protected (see Preamble). Finally, there is a set of instruments within the inter-American corpus
juris that also make reference to the ESCER.
10.
Based on this perspective, Article 26 is integrated as a framework article that encompasses ESCER, allowing for a greater and more coherent confluence with the other articles of
the Convention when determining the meaning and scope of violations. This interpretation
transcends the artificial division between rights of different categories, with different degrees
of effectiveness, which, in the case of ESCER, denies access to inter-American justice for their
protection. This is all the more true when the Inter-American Court intervenes in cases within
the most unequal regions of the planet. By reaffirming the simultaneity position, we aim to
move away from the reductionisms that the two aforementioned positions may entail. On one
hand, a stance that eliminates the possibility of declaring the violation of Article 26 ultimately
ends up completely disregarding the autonomy and existence of ESCER as real, justiciable,
and therefore, enforceable rights. On the other hand, a stance that only considers Article 26
as the sole instrument of application when it comes to ESCER disregards the interdependence
and interconnectedness with civil and political rights.
11. The case under examination perfectly demonstrates the need for coherent and consistent
protection, not only from the perspective of ESCER, but also through an integrated analysis
of violations simultaneously with civil and political rights. I reiterate that under no circumstances should human rights be treated in isolation and without considering them as a whole
because the complex reality calls for analyses that prioritize the interdependence and interconnectedness among them. This case exemplifies this confluence very clearly, as it involves
the dismissal of a member of the Ecuadorian police in violation of Articles 8(1), 8(2), 8(2)(b),
8(2)(c), 8(2)(h), 23(1)(c), 25, and 26 of the American Convention on Human Rights. It is
essential to highlight, consequently, that this involves jointly ensuring due process guarantees, access to justice, and political rights related to job stability and the right to judicial
protection against arbitrary dismissals. Therefore, we require a comprehensive analysis in
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