6
(Art. 22), right to participate in government (Art. 23), right to equal protection (Art. 24) and right
to judicial protection (Art. 25).
In accordance with these provisions, the rights that are the purpose of the Convention and that,
consequently, its States Parties “undertake to respect […] and to ensure to all persons subject to
their jurisdiction the[ir] free and full exercise,” and to interpret pursuant to the pro personae
principle, are, therefore, only those mentioned, and do not include the right to work or the right
to job security.
B. The existence of other human rights
Nevertheless, this does not mean that there are no other human rights. To the contrary, the
Convention itself alludes to other rights and to different types of categories of human rights that
have sources other than international law.29 Thus, in addition to those “recognized” in the
Convention, it also mentions “economic, social and cultural rights”;30 those “derived” from the
provisions of the Charter of the Organization of American States;31 those “recognized” by the laws
of the States or in other convention,32 and those “inherent in the human personality or derived
from representative democracy as a form of government.”33
It is clear, therefore, and as the judgment itself affirms when citing Article 26 of the Convention
to declare the violation of the right to job security, that this is part of the group of “economic,
social and cultural rights.”34 This also reveals that, since these rights derive from provisions of
the OAS Charter, the said right does not form part of the rights “recognized” in the Convention.
C. The Convention’s protection system
Considering the foregoing, it is now necessary to refer to the protection system established in
Part II of the Convention entitled “Means of Protection” and this consists of two organs: namely,
the Commission and the Court.35 Regarding the Court, the harmonious interpretation of Articles
1, 29(a), 33, 45(1), 47(b), 48(1), 62(3), and 63(1), leads to the conclusion that the rights that
can be invoked before the Court for it to rule on their alleged violation are those “recognized,”
“set forth,” “guaranteed” or “protected,” in the Convention; that is, the “Civil and Political Rights.”
Thus, the “economic, social and cultural rights” derived from the Charter of the Organization of
It should be pointed out that the Convention also mentioned “principles,” referring to “a system of personal
liberty and social justice based on respect for the essential rights of man,” because these “are not derived from one's
being a national of a certain state, but are based upon attributes of the human personality,” and that they “have been
set forth in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of
Man, and in the Universal Declaration of Human Rights and […] have been reaffirmed and refined in other international
instruments, worldwide as well as regional in scope.” Paras.1, 2 and 3 of the Preamble.
29
Paragraph 4 of the Preamble: “Reiterating that, in accordance with the Universal Declaration of Human Rights,
the ideal of free men enjoying freedom from fear and want can be achieved only if conditions are created whereby
everyone may enjoy his economic, social, and cultural rights, as well as his civil and political rights.”
30
31
Art.2, cit. in Footnote 3.
Art. 29(b): “Restrictions Regarding Interpretation. No provision of this Convention shall be interpreted as:...
restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue
of another convention to which one of the said states is a party.
32
Art. 29(c): “Restrictions Regarding Interpretation. No provision of this Convention shall be interpreted as:...
precluding other rights or guarantees that are inherent in the human personality or derived from representative democracy
as a form of government [...].”
33
34
Paras. 142 and 154.
Art. 33: “The following organs shall have competence with respect to matters relating to the fulfillment of the
commitments made by the States Parties to this Convention:
35
a.
the Inter-American Commission on Human Rights, referred to as “The Commission;” and
b.
the Inter-American Court of Human Rights, referred to as “The Court.”