92.
This Court, ruling previously on cases of arbitrary dismissal of judges98 and
prosecutors,99 has held that this right is part of the guarantee of stability or irremovability
from office.100 It can be considered respected and guaranteed when the criteria and
procedures for appointment, promotion, suspension and dismissal are reasonable and
objective and when individuals are not subject to discrimination in the exercise of the
right.101 The Court has held, in this regard, that equal opportunity in access and tenure
ensures freedom from any political interference or pressure.102
93.
Mr. Aguinaga Aillón was removed from office on the TSE as a consequence of the
proceedings held against him. The Court finds that this dismissal was arbitrary because it
was conducted by a body that was not authorized to do so, via a procedure that was not
legally established. This arbitrary dismissal therefore undercut Mr. Aguinaga Aillón’s right to
remain in office under conditions of equality, in violation of Article 23(1)(c) of the American
Convention.
4. Right to work
94.
The Court notes that neither the Commission nor the representatives expressly
argued violation of Article 26 of the Convention. Based on the principle of iura novit curia,103
however, the Court will rule on violation of the right to work, particularly the right to job
stability, in injury of of Mr. Aguinaga Aillón.
95.
It finds that, for the purposes of its examination of the right to job stability, it will
need to consider whether these violations occurred simultaneously with the other violations
discussed above.104 The Court has understood that civil and political rights, as well as
economic, social, cultural and environmental rights (hereinafter ESCERs), are indivisible,
and the recognition and enjoyment thereof must inevitably be guided by the principles of
universality, indivisibility, interdependence, and interrelationship.105 This means that the
two categories of rights must be understood integrally and jointly as human rights, without
any specific hierarchy, and be enforceable in all cases before competent authorities.106
98
Cf. Inter alia, Case of Reverón Trujillo v. Venezuela, supra, para. 138 and Case of Cuya Lavy et al. v.
Peru, supra, para. 160.
99
Cf. Case of Martínez Esquivia v. Colombia. Preliminary Objections, Merits and Reparations. Judgment of
October 6, 2020. Series C No. 412, para. 116; Case of Casa Nina v. Peru, supra, para. 97; Case of Moya Solís
v. Peru, supra, para. 109; Case of Cuya Lavy et al. v. Peru, supra, para. 160; Case of Nissen Pessolani
v. Paraguay, supra, para. 96.
100
Cf. Case of Martínez Esquivia v. Colombia, supra, paras. 95 and 96; Case of Casa Nina v. Peru, supra,
para. 69; Case of Moya Solís v. Peru, supra, para. 109, and Case of Cuya Lavy et al. v. Peru, supra, para.
160.
101
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 138 and Case of Cuya Lavy et al. v. Peru, supra,
para. 160.
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 73, and Case of Colindres Schonenberg v. El
Salvador, supra, para. 94.
102
Cf. Case of Velásquez Rodríguez v. Honduras, supra, para. 163 and Case of Nissen Pessolani v. Paraguay,
supra, para. 99.
103
104
Cf. Case of Lagos del Campo v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment
of August 31, 2017. Series C No. 340, para. 143, and Case of Nissen Pessolani v. Paraguay, supra, para. 100.
Cf. Case of Lagos del Campo v. Peru, supra, para. 141 and Case of Nissen Pessolani v. Paraguay, supra,
para. 100.
105
106
Cf. Case of Lagos del Campo v. Peru, supra, and Case of Nissen Pessolani v. Paraguay, supra, para. 100.
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