4.
Labor rights have long been present in inter-American jurisprudence. However,
it is from 2017 with the case of Lagos del Campo v. Peru 3 that these rights (and their
multiple individual and collective facets) were granted autonomy and direct justiciability.
5.
In relation to labor rights, the Court’s jurisprudence has focused essentially on
the dismissal of trade union members and the execution of union leaders. In the cases
of Baena Ricardo v. Panama 4, Huilca Tecse v. Peru, 5 Cantoral Huamaní and García Santa
Cruz v. Peru 6, the Court has developed the content of that right, not from the standpoint
of Article 8(1)(a) (trade union rights) of the Additional Protocol to the American
Convention in the area of Economic, Social and Cultural Rights, but from the right to
association enshrined in Article 16 of the American Convention. 7
6.
In the case Baena Ricardo, the Court considered that to determine whether a
violation of the right to freedom of association has occurred, this should be analyzed in
in relation to trade union freedom. Thus, it stated that, in trade union matters, freedom
of association consists basically of the ability to constitute labor union organizations, and
to set into motion their internal structure, activities and action program, without any
intervention by the public authorities that could limit or impair the exercise of the
respective right. On the other hand, under such freedom it is possible to assume that
each person may determine, without any pressure, whether or not he or she wishes to
form part of an association. This issue, therefore, is about the basic right to constitute a
group for the pursuit of a lawful goal, without pressure or interference that may alter or
denature its objective. 8 In this regard, the Inter-American Court considered that in trade
union matters, freedom of association is of the utmost importance for the defense of
workers’ legitimate interests and forms part of the corpus juris on human rights. 9
Freedom of association in labor issues, under the terms of Article 16 of the American
Convention, encompasses a right and a freedom, namely: a) the right to form
associations without restrictions other than those provided for in subparagraphs 2 and
3
Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and costs. Judgment
of August 31, 2017. Series C No. 340.
4
Case of Baena Ricardo et al. v. Panama. Merits, reparations and costs. Judgment of February 2, 2001.
Series C No. 72.
5
121.
Case of Huilca Tecse v. Peru. Merits, reparations and costs. Judgment of March 3, 2005. Series C No.
6
Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary objection, merits, reparations
and costs. Judgment of July 10, 2007. Series C No. 202.
7
We should recall that Article 8(1)(a) contemplates one of the two rights referred to in Article 19(6) of
the Protocol of San Salvador that “may give rise, through participation of the Inter-American Commission on
Human Rights and, when applicable, of the Inter-American Court of Human Rights, to application of the system
of individual petitions governed by Article 44 through 51 and 61 through 69 of the American Convention on
Human Rights.”
8
Cf. Case of Baena Ricardo et al. v. Panama. Merits, reparations and costs. Judgment of February 2,
2001. Series C No. 72, para. 156.
9
Cf. Case of Baena Ricardo et al. v. Panama, supra nota 13, para. 158.
2
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos