Caso Trabajadores Cesados De Petroperú y Otros vs. Perú, Sentence of November 23, 2017.
Caso Trabajadores Cesados De Petroperú y Otros vs. Perú
I. CASE
Caso Trabajadores Cesados De Petroperú y Otros vs. Perú, Sentencia de 23 de Noviembre de
2017
II. JURISDICTION
Inter-American Court of Human Rights
III. THEMATIC FOCUS
- Affirmative duties of the State
- Right to work
- Right to judicial protection
- Progressive rights
IV. NATURE & CONTEXT OF THE CASE
1. Procedural History
Between 1998 and 2002, the Inter-american Commission received four separate petitions from
groups of workers who believed they had been illegally discharged: 25 workers of the National
Ports Company of S.A. (1998), 85 workers represented by the Union of Oil Tanker Workers
(1996), 39 workers of the Ministry of Education (2000), and 14 workers from the Ministry of
Economy and Finance (2002). The Commission consolidated these four petitions and concluded
that the state had violated the rights protected by articles 8.1 and 25.1 of the American
Convention. The IACHR submitted the case to the Inter-American Court of Human Rights.
2. Parties
Discharged workers of four separate classifications (see above) v. the State of Peru
3. Date
November 23, 2017
V. SUMMARY OF THE CASE
1. Background and summary of the facts
This case addressed appeals filed by 164 workers from four different companies to dispute their
dismissals (occurring between 1996 and 1998) resulting from personnel evaluation programs.
The Court found that the Peruvian state violated the workers’ rights to access to justice--