14 recognizes the right of employers and workers to associate freely for the defense and promotion of their interests. Additionally, the Preamble to the Inter-American Democratic Charter recognizes that the right of workers to associate themselves freely for the defense and promotion of their interests is fundamental to the achievement of democratic ideals. 163. Based on the above, the Court concludes that the State is responsible for the violation of Articles 16(1) and 26 in relation to Articles 1(1), 13 and 8 of the American Convention, to the detriment of Mr. Lagos del Campo.68 41. In this regard, the intention is not to establish that Article 8(1)(a) of the Protocol of San Salvador is applicable, through Article 19(6) of the American Convention, to the situation of Mr. Lagos del Campos. This is because this is not a case of a labor union representative acting in the legitimate defense of the interests of union members. To the contrary, the situation of Mr. Lagos del Campos falls within the protection that labor associations and their representatives have to associate, and that even though they are of a different nature to that of labor unions, they pursue legitimate interests and rights of the workers;69 a protection that is not to be found in the Protocol of San Salvador in the article on the right to work (Article 6 of the Protocol of San Salvador),70 but is established expressly in Article 45(c), of the OAS Charter. 42. A comparison of Article 8(1)(a) of the Protocol of San Salvador and Article 45(c) of the OAS Charter leads to some conclusions that are essential for understanding the scope of the right to freedom of association for the defense and promotion of workers’ interests in this case: 45(c) OAS Charter 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. 8(1)(a) Labor union rights under the Protocol of San Salvador 1. The States Parties shall ensure: a. The right of workers to organize trade unions and to join the union of their choice for the purpose of protecting and promoting their interests. As an extension of that right, the States Parties shall permit trade unions to establish national federations or confederations, or to affiliate with those that already exist, as well as to form international trade union organizations and to affiliate with that of their choice. The States Parties shall also permit trade unions, federations and confederations to function freely. 43. A comparison of Article 8(1)(a) of the Protocol of San Salvador and Article 45(c) of the OAS Charter reveals that the differences resides in the entity entitled to the right to associate for the defense/promotion of their interests recognized in the two instruments. That is, while the latter recognizes labor unions (specifically), the former recognizes workers’ associations more generally without conditioning them to consist of labor unions. 44. Thus, the Inter-American Court, also, when declaring the violation of Article 26 of the American Convention, concluded that the right to defend and promote workers’ interests by an association is enforceable (derived from the mandate of the Convention), through Article 26 of the Pact of San José; because, as the judgment indicates, there is no difference between 68 Cf. Case of Lagos del Campo v. Peru, supra, paras. 158 and 163. 69 Cf. Case of Lagos del Campo v. Peru, supra, para. 158. The Protocol of San Salvador establishes: “Art. 6. Right to Work. 1. Everyone 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. 2. The State Parties undertake to adopt measures that will make the right to work fully effective, especially with regard to the achievement of full employment, vocational guidance, and the development of technical and vocational training projects, in particular those directed to the disabled. The States Parties also undertake to implement and strengthen programs that help to ensure suitable family care, so that women may enjoy a real opportunity to exercise the right to work.” 70