5
c. Scope of this text
Therefore, the views expressed in this opinion are restricted to the right to job security, even
though they could also be considered appropriate as regards the relationship made by the
judgment between Article 26 of the Convention and the right to freedom of association.
I.
THE PROVISIONS OF THE CONVENTION
Regarding my discrepancy with the judgment, I will set forth five considerations. One, with regard
to the rights “recognized” in the Convention. Another, regarding the existence of other rights.
The third, on the protection system embodied in the Convention. The fourth, on the extension of
this to other rights. And, lastly, on the Protocol of San Salvador.
A. Rights “recognized” in the Convention.
Article 1(1) of the Convention establishes that the States Parties undertake to respect and to
ensure the enjoyment and exercise of the rights “recognized herein.”22 Meanwhile, Article 29(a)
of the Convention, on the pro personae principle includes the same wording.23
It should be indicated also that, in other provisions, the Convention refers to “the rights set
forth,”24 “guaranteed,”25 “protected,”26 [Translator’s note: “consagrado” in Spanish] or
“protected”27 [“protegido”] therein; so that, logically, it should be understood that these are rights
that have been “recognized” in this treaty.28
That said, the rights “recognized” in the Convention are the “Civil and Political Rights” (Chapter
II); that is, the right to recognition of juridical personality (Art. 3), right to life, (Art. 4), right to
personal integrity (Art. 5), freedom from slavery (Art. 6), right to personal liberty (Art. 7), right
to a fair trial (Art. 8), freedom from ex-post facto laws (Art. 9), right to compensation (Art. 10),
right to privacy (Art. 11), freedom of conscience and religion (Art. 12), freedom of thought and
expression (Art. 13), right of reply (Art. 14), right of assembly (Art. 15), freedom of association
(Art. 16), rights of the family (Art. 17), right to a name (Art. 18), rights of the child (Art. 19),
right to nationality (Art. 20), right to property (Art. 21), freedom of movement and residence
“The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to
ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.”
22
“Restrictions Regarding Interpretation. No provision of this Convention shall be interpreted as: a. permitting any State
Party, group, or person to suppress the enjoyment or exercise of the rights and freedoms recognized in this Convention or to
restrict them to a greater extent than is provided for herein.”
23
Art. 45(1): “Any State Party may, when it deposits its instrument of ratification of or adherence to this
Convention, or at any later time, declare that it recognizes the competence of the Commission to receive and examine
communications in which a State Party alleges that another State Party has committed a violation of a human right set
forth in this Convention.”
24
Art. 47(b) “The Commission shall consider inadmissible any petition or communication submitted under Articles
44 or 45 if: ... the petition or communication does not state facts that tend to establish a violation of the rights guaranteed
by this Convention.”
25
Art.48(1): “When the Commission receives a petition or communication alleging violation of any of the rights
protected by this Convention, it shall proceed as follows: ...”
26
Art. 63(1): “If the Court finds that there has been a violation of a right or freedom protected by this Convention,
the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall
also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.”
27
Hereafter, each time the rights “recognized” in the Convention are referred to, it shall be understood that this
also includes those that are “established,” “guaranteed,” “embodied” or “protected.”
28