wishes of their parents or guardians. Thus, it separates the educational content from the preferences
of the parties to an armed conflict. The article also recognizes the importance of education for the
maintenance of cultural ties: at the time of its drafting, Article 4(3)(a) was submitted by a
transregional and multi-confessional group of States to ensure the continuity of children's cultural and
moral ties with their homes.” 119
84.
The United Nations Special Rapporteur on Freedom of Religion and Belief has stated that the
purpose of the right to freedom of religion “is not to protect beliefs per se (religious or otherwise), but
to protect believers and their freedom to profess and express their beliefs, individually or in community
with others, in order to define their lives in conformity with their own convictions.” 120 The United
Nations Special Rapporteur on the Right to Education has also referred to religious education and
noted that Article 13 of the International Covenant on Economic, Social and Cultural Rights recognizes
“the freedom of parents to ensure the moral and religious education of their children in conformity
with their own convictions and to choose for their children schools, other than those established by
the public authorities, as well as the freedom to establish and direct educational institutions.” 121
c) Regarding the right of access to public service under conditions of equality
85.
Article 23(1)(c) of the American Convention establishes the right of access to public service
under general conditions of equality. In this regard, this Court has interpreted that access under
conditions of equality is an insufficient guarantee unless it is accompanied by the effective protection
of tenure in the position. 122 This means that the procedures for appointment, promotion, suspension
and dismissal of public officials must be objective and reasonable, that is, they must respect the
applicable guarantees of due process. 123
86.
Furthermore, this Court has established that the right to have access to public service in
general conditions of equality protects access to a direct form of participation in the design,
implementation, development, and execution of the State’s political guidelines through public service.
Therefore, it is necessary that the State generate the optimal conditions and mechanisms in order for
those political rights to be exercised effectively, respecting the principle of equality and nondiscrimination. 124
d) The right to work
87.
The Court recalls that the right to work has been recognized and protected through Article 26
of the Convention in different precedents. 125 Regarding the specific labor rights protected by Article
119
International Committee of the Red Cross. Report. International Humanitarian Law and the Challenges of
Contemporary Armed Conflicts, Geneva, 2015, page 66.
120
United Nations General Assembly, Human Rights Council. Report of the Special Rapporteur on Freedom of Religion and
Belief. A/HRC/34/50, January 17, 2017, para. 24.
121
Cf. United Nations General Assembly, Human Rights Council, Right to Education: The cultural dimensions of the right
to education, Report of the United Nations Special Rapporteur on the Right to Education. A/HRC/47/32, April 16, 2021, para.
24.
122
Cf. Case of Rever��n Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of June 30,
2009. Series C No. 197, para. 138, and Case of Cuya Lavy et al. v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of September 28, 2021. Series C No. 438, para. 159.
Cf. Case of Cuya Lavy et al. v. Peru, supra, para. 159, and Case of Moya Solís v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of June 3, 2021. Series C No. 425, para. 108.
123
124
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 139, and Case of Chitay Nech et al. v. Guatemala. Preliminary
objections, merits, reparations and costs. Judgment of May 25, 2010. Series C No. 212, footnote 120.
125
Cf. Case of Lagos del Campo v. Peru, supra, paras. 142 and 145. In similar vein: Case of Dismissed Workers of
Petroperú et al. v. Peru, supra, paras. 142 and 143; Case of San Miguel Sosa et al. v. Venezuela, supra, para. 220; Case of
Spoltore v. Argentina, supra, para. 84, and Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus and their
Families v. Brazil, supra, para. 155.
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