Lagos del Campo v. Peru, Case No. 12.795, Judgment of August 31, 2017.
I. CASE
Lagos del Campo v. Peru, Case No. 12.795, Judgment of August 31, 2017.
II. JURISDICTION
Inter-American Court of Human Rights
III. THEMATIC FOCUS
- Justiciability of ESCR
- State’s obligation to protect the right to work
- Progressive rights
- Misuse of state resources
IV. NATURE & CONTEXT OF THE CASE
1. Procedural History
Lagos del Campo filed his initial claim in the state Labor Court in Lima, claiming that his
dismissal was motivated by his union advocacy and therefore violated his right to freedom of
expression, was an illegal interference with union and labor activity, and directly violated his
right to work. The Labor Court ruled in his favor, holding that his dismissal was illegal, but the
second instance court reversed the decision, holding that freedom of expression does not include
the ability to denigrate the honor and dignity of an employer. After many years of attempting to
appeal the decision, Lagos del Campo was represented before the Inter-American Commission
for Human Rights (IACHR) by the Pro Human Rights Association (APRODEH). The IACHR
submitted the case to the Inter-American Court of Human Rights.
2. Parties
Alfredo Lagos del Campo (represented before the court by Pro Human Rights Association
(APRODEH)) v. State of Peru
3. Date
August 31, 2017
V. SUMMARY OF THE CASE
1. Background and summary of the facts
In 1989, Lagos del Campo was discharged from the Ceper-Perelli company, where he had
worked as an electrician for over 13 years. Lagos del Campo conducted a magazine interview in
the capacity president-elect of the union (General Assembly of the Industrial Community) in
which he criticized the company for exerting pressure and threatening workers in an effort to