129. It should also be taken into consideration that human rights are interdependent and
indivisible, which makes the hypothesis that ECSER be abstracted from this Court’s judicial
review, not applicable.101
130. The Court recalls that the right to work has been recognized and protected through
Article 26 of the Convention in different precedents.102 In relation to the foregoing, this Court
has noted that articles 45(b) and (c),103 46,104 and 34(g)105 of the OAS Charter establish a
series of rules that allow the right to work to be identified. 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.106
131. 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 provides that “[e]veryone has the right to work, to free choice
of employment, to just and favorable conditions of work and to protection against
unemployment.” Meanwhile, 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.107
Cf. Case of Guevara Díaz v. Costa Rica, supra, para. 82.
Cf. Case of Lagos del Campo v. Peru, supra, para. 145; Case of Dismissed Employees of Petroperú et al. v.
Peru, supra, para. 192; Case of San Miguel Sosa et al. v. Venezuela, supra, paras. 219 and 220; Case of Spoltore v.
Argentina, supra, para. 82; Case of the Employees of the Fireworks Factory of Santo Antônio de Jesus and their
families v. Brazil, supra, para. 68; Case of Casa Nina v. Peru, supra, para. 104; Case of the Buzos Miskito (Lemoth
Morris et al.) v. Honduras, supra, para. 68; Case of Former Employees of the Judiciary v. Guatemala, supra, paras.
128 to 133; Case of Palacio Urrutia et al. v. Ecuador, supra, para. 153; Case of the National Federation of Maritime
and Port Workers (FEMAPOR) v. Peru, supra, para. 107; Caso Pavez Pavez v. Chile, supra, para. 87, and Case of
Guevara Díaz v. Costa Rica,supra, para. 58.
103
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."
104
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."
105
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: To achieve these
objectives, they also agree to devote their utmost efforts to the attainment of the following basic goals: [...] (g) Fair
wages, employment opportunities, and acceptable working conditions for all."
106
Cf. Case of Guevara Díaz v. Costa Rica,supra, para. 58.
107
International Covenant on Economic, Social and Cultural Rights (ICESCR), Article 7(b). Cf. Case of Guevara
Díaz v. Costa Rica,supra, para. 131.
101
102