132. The Court notes that the Committee on Economic, Social and Cultural Rights, in its
General Comment No. 18 on the right to work, affirmed the obligation of States "to guarantee
to individuals their right to work freely chosen or accepted, in particular the right not to be
unjustly deprived of work."108 The Committee also established that States have an obligation
to respect this right, which implies that they should "refrain from interfering directly or
indirectly with the enjoyment of that right."109 Furthermore, the Committee has indicated that
"[a]ny person or group who is a victim of a violation of the right to work should have access
to appropriate judicial or other remedies at the national level110 and has urged judges and
other members of law enforcement authorities to pay greater attention to violations of the
right to work in the exercise of their functions.111
133. In this regard, the Court has maintained that "the analysis by the competent authority
of a judicial remedy - which contests constitutional rights such as job stability and the right
to due process - cannot be reduced to a mere formality and omit the arguments of the parties,
as it must examine their reasons and address them according to the parameters established
by the American Convention."112
134. The Court has also specified that job security does not imply an unrestricted permanence
in the job or position; rather, it has indicated that this right must be respected, among other
measures, by granting protection to the worker so that, if he or she is dismissed, this dismissal
is not arbitrary but is carried out with justification. This means that the employer must provide
sufficient grounds for imposing this sanction with the due guarantees, and that the worker
may appeal this decision before the domestic authorities, who must verify that the justification
given is not arbitrary or unlawful.113 Likewise, the Court has indicated in the case of San
Miguel Sosa et al. v. Venezuela that the State fails to fulfill its obligation to guarantee the
right to work and, consequently, job stability when it does not protect its state officials from
arbitrary terminations from their employment.114
135. In this case, the Court concluded that the procedure through which the dismissal
sanction was imposed on Mr. Mina Cuero violated the rights to prior and detailed
communication of the charges, to sufficient time and means for the preparation of the
defense, to a reasoned decision, and to the presumption of innocence. Furthermore, a
violation of the right to appeal the judgment, the right to remain in the position under equal
conditions, and the right to effective judicial protection was declared. (supra paras. 91, 111,
and 124), resulting from the arbitrary dismissal of Mr. Mina Cuero from his position as a police
officer. By filing the remedy of amparo through a written submission on December 15, 2000,
the alleged victim stated, inter alia, an allegation regarding his right to job stability (supra
para. 127). As indicated by the Court, the judicial authorities that reviewed Mr. Mina Cuero's
successive claims did not conduct a specific examination of the allegations made by him
regarding the violation of his fundamental rights, including the right to work. (supra para.
124). Based on the foregoing, the Court considers that the arbitrary separation of Mr. Mina
Cuero from his position as a police officer and the lack of access to justice and effective judicial
108
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.
109
Cf. Committee on Economic, Social, and Cultural Rights. General comment No. 18, supra, para. 22. Cf. Case
of Guevara Díaz v. Costa Rica, supra, para. 60.
110
Cf. Committee on Economic, Social, and Cultural Rights. General comment No. 18, supra, para. 48.
111
Cf. Committee on Economic, Social, and Cultural Rights. General comment No. 18, supra, para. 50.
112
Cf. Case of Lagos del Campo v. Peru, supra, para. 184, andCase of Dismissed Employees of Petroperú et al.
v. Peru, supra, para. 177.
113
Cf. Case of Lagos del Campo v. Peru, supra, para. 150, and Case of Pavez Pavez v. Chile, supra, para. 88..
114
Cf. Case of San Miguel Sosa et al. v. Venezuela, supra, para. 221, and Case of Former Employees of the
Judiciary v. Guatemala, supra, para. 131.