III. WAGES AS A FUNDAMENTAL COMPONENT OF THE RIGHT TO WORK 13. In paragraph 107 of the judgment, the Court holds that the delay and the failure to enforce the decision of February 12, 1992 had a direct impact on the payment of duly earned and not paid wages. In turn, the Court understands that the impediment to receiving wages affected the victims’ right to work. I stress that, in this judgment, the Court made an advance in determining the scope of the right to work in relation to the right to the payment of wages. 14. The judgment referred to Articles 45(b) 6 and 34(g) 7 of the OAS Charter that establish that “work is a right and a social duty” and should be performed with “fair wages, employment opportunities, and acceptable working conditions for all.” It also refers to Article XIV of the American Declaration of the Rights and Duties of Man, which states that “Every person has the right to work, under proper conditions [….].” Moreover, Article 1 of ILO Convention No. 100 on equal remuneration establishes that “the term remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether by cash or in kind, by the employer to the worker and arising out of the worker’s employment.” 8 15. The Court concludes that the right to work also implies obtaining a fair wage, which must include all the emoluments that are included in the term remuneration. The payment of wages as an element of the right to work is related to its nutritional and survival nature since it is meant to satisfy the basic needs of the worker. 16. The Court has also stated that the States have the duty to respect and guarantee those rights, which allows leveling the unequal relationship between the employee and the employer, as well as access to fair wages and safe working conditions. 9 17. In this case, which concerns the right to wages, the Court compared it with the violation of a reasonable time with respect to all the victims since the State did not proceed with the payments owed to the sub-group of 2,317 maritime and port workers who continued to claim the additional amounts that they were owed. This violation of a reasonable time had an impact on the right to the full payment of their wages, which affected the right to work of all the victims. This is so due to the unjustified delay in payment to all the victims since the payment was obviously partial or incomplete for those who continued to litigate. Article 45 of the OAS Charter. – The Member States, convinced that man can only achieve the full realization of his aspirations with a just social order, along with economic development and true peace, agreed 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 wage 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. 7 Article 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 people 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. 8 Cf. ILO, C100 – Convention on equal remuneration, 1951 (No. 100), ratified by Peru on February 1, 1960. 9 Cf. Rights to trade union freedom, collective bargaining, and strike, and their relation to other rights with a gender perspective (interpretation and scope of Articles 13, 15, 16, 24, 25 and 26 in relation to Articles 1(1) and 2 of the American Convention on Human Rights, of Articles 3, 6, 7 and 8 of the Protocol of San Salvador, of Articles 2, 3, 4, 5 and 6 of the Convention of Belem do Pará, of Articles 34, 44 and 45 of the Charter of the Organization of American States, and of Articles II, IV, XIV, XXI and XXII of the American Declaration of the Rights and Duties of Man). Advisory Opinion OC-27/21 of May 5, 2021. Series A No. 27, para. 141. 6 4