make it possible to identify the right to work.727374 Specifically, the Court has found that Article 45(b) of the OAS Charter establishes the following: “b) Work is a right and a social duty, it gives dignity to the one who performs it, and it should be performed under conditions, including a system of fair wages, that ensure life, health, and a decent standard of living for the worker and his family, both during his working years and in his old age, or when any circumstance deprives him of the possibility of working.” The Court has thus found that the connection to the right to work is sufficiently specific to derive its implicit existence and recognition from the OAS Charter. 59. Regarding the content and scope of this right, the Court recalls that Article XIV of the American Declaration of the Rights and Duties of Man establishes that “[e]very person has the right to work, under proper conditions, and to follow his vocation freely [...].” Similarly, Article 6 of the Protocol of San Salvador establishes that “[e]veryone 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.” At the universal level, the Universal Declaration of Human Rights establishes that “[e]veryone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.”For its part, the International Covenant on Economic, Social and Cultural Rights (hereinafter “ICESCR”) establishes that “[t]he States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.”75 60. The Court notes that in its General Comment No. 18 on the right to work, the Committee on Economic, Social and Cultural Rights stated that states have an obligation “to assure individuals their right to freely chosen or accepted work, including the right not to be deprived of work unfairly.”76 Likewise, the Committee established that States have the obligation to respect this right, meaning they must “refrain from interfering Cf. Article 45 of the OAS Charter. “The Member States, convinced that man can only achieve the full realization of his aspirations within a just social order, along with economic development and true peace, agree to dedicate every effort to the application of the following principles and mechanisms: [...] b) Work is a right and a social duty, it gives dignity to the one who performs it, and it should be performed under conditions, including a system of fair wages, that ensure life, health, and a decent standard of living for the worker and his family, both during his working years and in his old age, or when any circumstance deprives him of the possibility of working; c) 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 [...].” 72 Cf. Article 46 of the OAS Charter. “The Member States recognize that, in order to facilitate the process of Latin American regional integration, it is necessary to harmonize the social legislation of the developing countries, especially in the labor and social security fields, so that the rights of the workers shall be equally protected, and they agree to make the greatest efforts possible to achieve this goal.” 73 Cf. Article 34(g) of the OAS Charter. “The Member States agree that equality of opportunity, the elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in decisions relating to their own development are, among others, basic objectives of integral development. To achieve them, they likewise agree to devote their utmost efforts to accomplishing the following basic goals: [...] g) Fair wages, employment opportunities, and acceptable working conditions for all.” 74 75 International Covenant on Economic, Social and Cultural Rights (ICESCR), article 7(b). Cf. Committee on Economic, Social and Cultural Rights. General Comment No. 18. The Right to Work (Art. 6), E/C.12/GC/18, of November 24, 2005, para. 4. 76 20

Seleccionar párrafo de destino3