49
professional, personal and family life (supra, para. 72). In this regard, during the public hearing
before the Court, Mr. Lagos del Campo stated that the following were among the consequences
of his dismissal:
[He was unable to obtain a pension because,] according to the law, [he needed to work] five
more years in order to obtain a decent pension to be able to survive; but all that was violated
because [he] did not meet the requirement of the President’s law. […] During that
Government’s dictatorship […], unfortunately, any citizen or worker who was over 50 years
of age no longer had access to any company or well-paid job. [… Furthermore,] after so
many long years of suffering, of trying to obtain justice at the national level, during this
international case, […, in 2015, he had] experienced [health problems].
153. Based on the foregoing, the Court concludes that,
Lagos del Campo was deprived of his employment and
security. Therefore, the Peruvian State failed to protect his
of Article 26 of the American Convention, in relation to
instrument, to the detriment of Mr. Lagos del Campo.
owing to his arbitrary dismissal, Mr.
other benefits resulting from social
right to job security, in interpretation
Articles 1(1), 13, 8 and 16 of this
154. Lastly, it should be pointed out that the Court has established previously that it has
jurisdiction to examine and decide disputes relating to Article 26 of the American Convention, as
an integral part of the rights named in it and, regarding which, Article 1(1) establishes the general
obligations of the States to respect and to ensure rights (supra para. 142). The Court has also
developed important case law on this matter, in light of different articles of the Convention. On
this basis, the present judgment develops and substantiates a specific condemnation for the
violation of Article 26 of the American Convention on Human Rights, established in Chapter III of
this treaty, entitled Economic, Social and Cultural Rights.
3. Violations of freedom of association
155. Article 16(1) recognizes the right to associate freely for ideological, religious, political,
economic, labor, social, cultural, sports, or other purposes. The right to freedom of association is
characterized by enabling individuals to create or take part in entities or organizations in order to
act collectively to achieve very diverse objectives, provided these are legitimate.218 The Court has
established that those persons who are subject to the jurisdiction of the States Parties have the
right to associate freely with others, without the intervention of the public authorities limiting or
obstructing the exercise of the said right. This signifies that they have the right to associate in
order to seek the common attainment of a lawful goal, and the correlative negative obligation of
the State not to exert pressure or interfere so as to change or denature this goal.219 Additionally,
the Court has observed that positive obligations also arise from freedom of association; these are
to prevent attacks against this right, protect those who exercise it, and investigate any violations
against it. These positive obligations must be met even in the context of relations between private
individuals, if applicable.220
156. In labor matters, the Court has established that freedom of association protects the ability
to constitute labor unions and implement their internal structure, activities and programs of
action, without the intervention of the public authorities limiting or hindering the exercise of this
Cf. Case of Escher et al. v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of July 6,
2009. Series C No. 200, para. 169.
218
Cf. Case of Baena Ricardo et al. v. Panama. Merits, reparations and costs, supra, para. 156, and Case of the
Members of the Village of Chichupac and neighboring communities of the Municipality of Rabinal v. Guatemala. Preliminary
objections, merits, reparations and costs. Judgment of November 30, 2016. Series C No. 328, para. 205.
219
Cf. Case of Huilca Tecse v. Peru. Merits, reparations and costs. Judgment of March 3, 2005. Series C No. 121,
para. 121, and Case of Yarce et al. v. Colombia, supra, para. 271.
220