3 11. In other words, in certain circumstances, the Court must accept that the facts are sufficient to form the basis for a claim without the interested party expressly alleging the violation of a specific article or provision of the law. And especially when the other party (in this case, the State) has had the opportunity to contest or to respond to the allegation, respecting the adversarial principle. 12. As mentioned in paragraph 133 of the judgment, the Court noted that, in this case, neither the representatives nor the Commission expressly mentioned the violation of labor rights in relation to articles of the Convention. However, it emphasized that the victim had repeatedly alleged before the domestic courts and before the Inter-American Commission on Human Rights (hereinafter “the Commission” or ���the IACHR”) the violation of his labor rights, particularly to job security, as well as the consequences of the dismissal. 13. In this regard, the victim mentioned the violation of his right to work and to job security in at least seven briefs in the domestic jurisdiction. Also, on nine different occasions, the briefs submitted to the Commission mention the violation of his rights as a worker (paras. 133 to 135 of the judgment). Consequently, the Court considered that the facts surrounding the dismissal had always been indicated before the Peruvian courts and before the IACHR (para. 137 of the judgment). 14. The Court decided that it should cite the iura novit curia principle in order to rule on the violation of the right to work and to job security based on Article 26 of the Convention. However, I disagree with this decision as I consider it unnecessary because the iura novit curia principle is applicable only when a fact is alleged without alleging the law while, in this case, the law was alleged, and therefore the claim and its form are absolutely appropriate. 15. It would be unreasonable to require the parties to allege, concurrently, before a nonjudicial or quasi-judicial organs such as the Inter-American Commission the facts, the rights and also specific articles of the law or international norm, as this could result in a violation of the right to a simple and prompt remedy established in Article 25 of the Convention. 16. In this specific case, it was the victim himself who, on repeated occasions, cited these rights (and not merely facts), which were ignored by the Commission.3 However, pursuant to a systematic interpretation with practical effects of the treaty and its organs of application, the Court is empowered to assess and provide a meaning to the initial petition that contains the claim for justice of the victim who has recourse to the inter-American system. 17. Thus, the rights alleged by the victim must also be assessed by the Court, without this meaning that it is exceeding procedural limits. This is because the initial petition is the most immediate expression of the petitioner’s voice. 18. In this regard, other international organs have responded to the essential arguments of the victims by expressly qualifying them, even if they have not necessarily cited the specific right and without expressly mentioning the iura novit curia principle.4 This omission should not be interpreted as having a negative connotation for the Commission because, at the time, the Court’s case law had not recognized labor rights as such, or other social rights. 3 For example: in the Case of Antoine Bissangou v. The Republic of Congo, the African Commission found violations of Articles 3, 7 and 14 of the African Charter of Human and Peoples’ Rights, when the petition had alleged violations of Articles 2, 3 and 21(2). African Commission on Human and Peoples’ Rights, Communication No. 253/2002. Judgment of November 2006, paras. 5, 73 to 76. See also, cases of the UN Human Rights Committee: Case of Olimzhon Eshonov v. Uzbekistan: “The State party contested the admissibility of the communication, arguing that the author has failed to substantiate his claims under article 2 and article 7 of the Covenant. The Committee considers, however, that the 4