right to just and satisfactory working conditions to derive their existence and implicit
recognition in the OAS Charter.”57
v. to the contrary, it establishes an obligation for action and not for results, consisting in the
States Parties to the Convention undertaking “to adopt measures, both internally and
through international cooperation, especially those of an economic and technical nature,
with a view to achieving progressively, […] the full realization of the rights” mentioned, a
mandate that the judgment does not observe; and
vi. it indicates that the obligation of conduct that it establishes must be complied with “by
legislation or other appropriate means and subject to available resources,” which not only
reinforces the lack of effectiveness of such rights, but conditions the possibility of
complying with this obligation to the existence of the resources that the pertinent State
has available for this and to the cooperation of other States.
42.
In sum, it may be concluded that the rights in question are not, in the words of the
Convention, “recognized,”58 “set forth,”59 “guaranteed,”60 or “protected”61 and62 in or by it.
Case of the Workers of the Fireworks Factory of Santo Antônio de Jesus v. Brazil. Preliminary objections, merits,
reparations and costs. Judgment of July 15, 2020. Series C No. 407, para. 155.
57
Art. 1(1): ”Obligation to Respect Rights. The States Parties to this Convention undertake to respect the rights and
freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of
those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or
other opinion, national or social origin, economic status, birth, or any other social condition.”
58
Art. 22(4): “Freedom of Movement and Residence: The exercise of the rights recognized in paragraph 1 may also be
restricted by law in designated zones for reasons of public interest.”
Art. 25(1): “Judicial Protection. Everyone has the right to simple and prompt recourse, or any other effective recourse,
to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the
constitution or laws of the state concerned or by this Convention, even though such violation may have been
committed by persons acting in the course of their official duties.”
Art. 29(a): “Restrictions Regarding Interpretation. No provision of this Convention shall be interpreted as: (a)
permitting any State Party, group, or person to suppress the enjoyment or exercise of the rights and freedoms
recognized in this Convention or to restrict them to a greater extent than is provided for herein.”
Art. 30: “Scope of Restrictions. The restrictions that, pursuant to this Convention, may be placed on the enjoyment
or exercise of the rights or freedoms recognized herein may not be applied except in accordance with laws enacted
for reasons of general interest and in accordance with the purpose for which such restrictions have been established.”
Art. 31: “Recognition of Other Rights. Other rights and freedoms recognized in accordance with the procedures
established in Articles 76 and 77 may be included in the system of protection of this Convention.”
Art.48(1)(f): “When the Commission receives a petition or communication alleging violation of any of the rights
protected by this Convention, it shall proceed as follows: … (f) The Commission shall place itself at the disposal of
the parties concerned with a view to reaching a friendly settlement of the matter on the basis of respect for the
human rights recognized in this Convention.”
Art. 45(1): “Any State Party may, when it deposits its instrument of ratification of or adherence to this Convention,
or at any later time, declare that it recognizes the competence of the Commission to receive and examine
communications in which a State Party alleges that another State Party has committed a violation of a human right
set forth in this Convention.”
59
Art. 47(b) “The Commission shall consider inadmissible any petition or communication submitted under Articles 44
or 45 if: … the petition or communication does not state facts that tend to establish a violation of the rights guaranteed
by this Convention.”
60
Art.48: “1. When the Commission receives a petition or communication alleging violation of any of the rights
protected by this Convention, it shall proceed as follows: (f) The Commission shall place itself at the disposal of the
parties concerned with a view to reaching a friendly settlement of the matter on the basis of respect for the human
rights recognized in this Convention.”
61
Art.4(1): “Right to Life. Every person has the right to have his life respected. This right shall be protected by law
and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.”
62
13