Abstract

MOSCOSO-BECERRA, Gerson. Direct Justiciability of Labor Rights at the Inter-American Court of Human Rights. Díkaion [online]. 2019, vol.28, n.2, pp.385-403. ISSN 0120-8942.  https://doi.org/10.5294/dika.2019.28.2.7.

This article intends to prove that, pursuant to the hermeneutics of Articles 26 and 29 (b) and (d) of the American Convention on Human Rights and the case Lagos del Campo vs. Peru -which is analyzed herein-, the rights to job security and freedom of expression in labor contexts are justiciable at a supranational venue, that is, the Inter-American Court of Human Rights. First, the origin of the debate about direct justiciability of economic, social, cultural and environmental rights is explained. Then, the first rulings of the Court -including the most decisive one- in order to, finally, argue that State parties to the American Convention are subject to strengthening the protection of labor rights.

Keywords : Direct justiciability; labor rights; Inter-American Court of Human Rights; review for compliance; American Convention on Human Rights.

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