specific care in a hyperbaric chamber, and with rehabilitation treatments that allow for
adequate recovery and social reintegration. 108
C.3.2. The content of the right to social security
85.
This Court has pointed out that Articles 3(j), 109 45(b), 110 45(h) 111 and 46 of the OAS
Charter contain a series of norms that establish the right to social security. 112 In particular, the
Court has noted that Article 3(j) of the OAS Charter states that “social justice and social
security are bases of lasting peace.” Also, Article 45(b) 113 of the OAS Charter indicates that
“b) [w]ork 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.”
Furthermore, Article 45(h) 114 of the Charter establishes that “man can only achieve the full
realization of his aspirations within a just social order” and therefore States agree to devote
efforts to the application of certain principles and mechanisms, among them the “(h)
[d]evelopment of an efficient social security policy.” Furthermore, in Article 46 of the 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.”
86.
Thus, the Court has considered that there is a reference to the right to social security
with a sufficient level of specificity to infer its existence and implicit recognition in the OAS
108
Cf. Pan American Health Organization, Human Rights and Disability among Indigenous Peoples, 2004
(evidence file, folios 6364-6367).
Article 3(j) of the OAS Charter establishes: “The American States reaffirm the following principles: j) Justice
and social security are bases of a lasting peace.”
109
Article 45(b) of the OAS Charter establishes: “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.”
110
111
Article 45(h) of the OAS Charter establishes: “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: h) [d]evelopment of an efficient
social security policy.”
Cf. Case of Muelle Flores v. Peru. Preliminary objections, merits, reparations and costs. Judgment of March 6,
2019. Series C No. 375, para. 173, and Case of the National Association of Discharged and Retired Employees of the
National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru. Preliminary objections, merits, reparations
and costs. Judgment of November 21, 2019. Series C No. 394, para. 156.
112
Article 45(b) of the OAS Charter establishes: “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.”
113
114
Article 45(h) of the OAS Charter establishes: “ 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 mechanism: h) [d]evelopment of an efficient
social security policy.”
30