endanger their health, safety, or morality, as well as a reasonable limitation on working hours, especially in the case of dangerous, unhealthy, or night work.349 260. In this respect, the Committee on Economic, Social and Cultural Rights affirms that equitable and satisfactory working conditions are a prerequisite for the enjoyment of other rights and a corollary of the right to work that is freely chosen and accepted.350 The IACHR observes that the international instruments that make express reference to those conditions are not exhaustive in their treatment of them, but rather draw on basic elements for guaranteeing the enjoyment of equitable and satisfactory conditions. For example, the Protocol of San Salvador refers to the term “particularly with respect to” and the International Covenant on Economic, Social and Cultural Rights states “in particular” to spell out those conditions, thereby making it possible to include elements other than those expressly set forth in those instruments. 261. In addition, the IACHR understands that to comply with the minimal content of this right, one of the essential elements is for the states to regulate and take actions aimed at seeing to its effective implementation, in particular overseeing and imposing sanctions for its violation on employers in both the public and private sectors. This takes on greater importance in the face of the existence of forms of unequal and abusive labor treatment stemming from precarious labor relations. This means that when it is learned that a company or employer has produced effects prejudicial to the enjoyment of this right, the State must take action to investigate and, as the case may be, impose sanctions on them, as well as make full reparation to the victims through legitimate proceedings that comply with the recognized provisions for ensuring due process. 262. The IACHR considers that workplace inspections are among the essential measures that states should take to prevent violations of and oversee respect for this right; in particular, guarantees must be in place to ensure their independence, the existence of trained personnel, and a prior mapping of sensitive and at-risk zones and industries; the inspectors should have the authority to enter the workplaces without prior notice, as well as to facilitate victims’ access to justice. Sanctions on private actors must also be adequate and proportional to the seriousness of the harm; they may be criminal sanctions, administrative sanctions, or pecuniary measures.351 2.2 Right to health 263. As regards the contents of the right to health, the Committee on Economic, Social and Cultural Rights has indicated that all health services, goods, and institutions must comply with the requirements of availability, accessibility, acceptability, and quality in the following terms: (a) Availability. Functioning public health and health-care facilities, goods and services, as well as programmes, have to be available in sufficient quantity within the State party. The precise nature of the facilities, goods and services will vary depending on numerous factors, including the State party’s developmental level. They will include, however, the underlying determinants of health, such as safe and potable drinking water and adequate sanitation facilities, hospitals, clinics and other health-related buildings, trained medical and professional personnel receiving domestically competitive salaries, and essential drugs, as defined by the WHO Action. (b) Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights “Protocol of San Salvador,” Articles 6 and 7. 350 Committee on Economic, Social and Cultural Rights. General Comment 23. The right to just and favorable conditions of work. April 27, 2016. Para. 1 349 Committee on Economic, Social and Cultural Rights. General Comment 23. The right to just and favorable conditions of work. April 27, 2016. Paras. 54 and 59. 351 46

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