essential to refer to the content of the said standards and, in particular, those cited in the
judgment.
74.
Regarding the right to work, the judgment cites Articles 45(b) and (c),83 4684 and
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34(g) of the OAS Charter.
75.
A single reading of the said standards is sufficient to understand, clearly and without
the slightest doubt, that they establish obligations of action or conduct, expressed by “every
effort” that the States should make to achieve the application of the “principles” and
“mechanisms” indicated (which include the right to work), or to facilitate the process of Latin
American regional integration, the harmonization of the social legislation and the protection
of workers’ rights, or to achieve the “basic objectives” of “fair wages, employment
opportunities, and acceptable working conditions for all.”
76.
It should not be forgotten that all the articles cited are to be found in Chapter VII of
the Charter, entitled “Integral Development.” In this regard, it should be borne in mind that
this Chapter begins by establishing that:
“The Member States, inspired by the principles of inter-American solidarity and cooperation,
pledge themselves to a united effort to ensure international social justice in their relations
and integral development for their peoples, as conditions essential to peace and security.
Integral development encompasses the economic, social, educational, cultural, scientific,
and technological fields through which the goals that each country sets for accomplishing it
should be achieved.”
77.
In other words, it establishes the general obligation of the States of the Americas to
make a united effort to ensure social justice and integral development. It does not establish
that they respect or ensure human rights. And, it is that premise that underlines the whole of
the said Chapter VII.
78.
Thus, the said standards do not establish obligations of result; that is, they do not
establish that the human rights derived from the said standards must be respected, but rather
that “every effort” must be made to achieve the “principles,” “mechanisms,” and “goals” that
it indicates. In other words, the standards in question, although they allude to the right to
work, to the rights of workers, and to working conditions, do so insofar as this is the basis,
Art.45: “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 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; (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; […]
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Art.46: “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.”
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Art. 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.”
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