8
33. The petitioners further claimed that pursuant to Article 23.1.c of the Convention, the
alleged victims enjoy the right to “have access, under general conditions of equality, to the public
service of their country” and that even though the exercise of that right may be regulated based on age,
nationality, residence, language, education, legal or mental capacity, it may not be regulated based on
political opinions or ideology. On this score, they alleged that excluding people from government jobs
who do not share the official ideology of the government, fosters a system of political apartheid and
makes exercising publically held rights subject to severe punishment.
34. With regard to Article 24 of the Convention, the arguments of the petitioners are focused
on the violation of the alleged victims right to equal protection under the law as a consequence of the
unilateral and early termination of their labor contract based on allegedly ideological reasons. In this
regard, they assert that public employees, who were committed to the political project of the president
of the Republic at the time, were able to freely express their opinions without being fired from the
government, in contrast with the alleged victims.
35. As for the right to judicial protection (Article 25 of the Convention), the petitioners
claimed that the authorities maintained that the complainants were serving in positions of trust and
that, consequently, they could be removed at the discretion of their superiors. However, the petitioners
note that the alleged victims did not hold positions of trust, inasmuch as: (i) the State had not complied
with the provisions of Article 53 of the Law of the Public Service Statute, which sets forth that positions
of trust must expressly be listed in the organic regulations of the entities of the civil service; (ii) the
alleged victims were never invited to take part at high-level meetings; and (iii) all of them had served in
the civil service on the National Border Council for more than two administrations, without being
replaced due to the change in government. Based on this classification, the petitioners contended, the
alleged victims did not have access to a simple and prompt remedy to provide relief to them from the
decisions of the administration.
36. They also contended that “in the absence of the rule of law, in which independent and
impartial tribunals operate, any remedy providing relief before the Venezuelan courts would have
proven to be ineffective.”
37. Concerning Article 26 of the Convention, the petitioners argued that the dismissal of the
victims from their jobs was an infringement of their right to work, which is an economic and social right,
and that even though the Convention does not explicitly flesh out the catalogue of economic and social
rights, for this purpose it refers to the economic and social norms set forth in Article 45 of the OAS
Charter, which establishes said right and, therefore, the facts of the instant case constitute a violation of
the right to progressive development enshrined in the aforementioned article. In this same vein, the
petitioners also alleged a violation of Article 29.b and 29.d of the Convention, being that these
provisions prohibit interpreting the Convention in such a way so as to confine the enjoyment and
exercise of any right that may be recognized in accordance with another convention to which the State
involved is a party. As this pertains to the instant case, the right to work is enshrined in the
International Covenant on Economic, Social and Cultural Rights and in the Protocol of San Salvador and
both instruments have been signed and ratified by the Venezuelan State.