96.
It must also be taken into account that human rights are interdependent and
indivisible, which is why the hypothesis that ESCERs are beyond the jurisdictional control of
this Court is inadmissible.107
97.
The Court has maintained that the right to work is protected under Article 26 of the
Convention.108 It has cautioned that Articles 45(b) and (c),109 46110 and 34(g)111 of the OAS
Charter set out provisions that point to the right to work. More specifically, the Court has
noted that Article 45(b) of the OAS Charter provides that 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.” The Court has thus found that the
reference to the right to work is sufficiently specific to infer that it is present and recognized
in the OAS Charter.
98.
The Court, in considering the content and scope of this right, recalls that Article XIV
of the American Declaration of the Rights and Duties of Man states, “[e]very person has the
right to work, under proper conditions, and to follow his vocation freely […].” Article 6 of
the Protocol of San Salvador states, “[e]veryone has the right to work, which includes the
opportunity to secure the means for living a dignified and decent existence by performing a
freely elected or accepted lawful activity.” The same concept appears in the world system,
Cf. Case of Guevara Díaz v. Costa Rica. Merits, Reparations and Costs. Judgment of June 22, 2022.
Series C No. 453, para. 57.
107
Cf. Case of Lagos del Campo v. Peru, supra, paras. 142 and 145, Case of Dismissed Employees of Petroperú
et al. v. Peru, Preliminary Objections, Merits, Reparations and Costs, Judgment of November 23, 2017, Series
C No. 344, para. 192; Case of San Miguel Sosa et al. v. Venezuela, Merits, Reparations and Costs, Judgment of
February 8, 2018, Series C No. 348, para. 220; Case of Casa Nina v. Peru, Preliminary Objections, Merits,
Reparations and Costs, Judgment of November 24, 2020, Series C No. 419, paras. 103-110; Case of Palacio
Urrutia et al. v. Ecuador. Merits, Reparations and Costs, Judgment of November 24, 2021, Series C No. 446,
paras. 153-160; Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru, Preliminary
Objections, Merits and Reparations, Judgment of February 1, 2022; Series C No. 448, paras. 107- 111; Case
of Pavez Pavez vs. Chile, Merits, Reparations and Costs, Judgment of February 4, 2022; Series C No. 449,
paras. 88-90; Case of Guevara Díaz v. Costa Rica, Merits, Reparations and Costs, Judgment of June 22, 2022;
Series C No. 453, paras. 55-74; Case of the Former Employees of the Judiciary v. Guatemala, Preliminary
Objections, Merits and Reparations, Judgment of November 17, 2021; Series C No. 445, paras. 128-133, and
Case of Nissen Pessolani v. Paraguay, supra, para. 101.
108
Article 45 of the OAS Charter. 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 […].
109
Article 46 of the OAS Charter. 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.
110
Article 34 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.
111
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