Lagos del Campo v. Peru, Case No. 12.795, Judgment of August 31, 2017.
influence union elections. Lagos del Campo was fired fired shortly after the interview in
response to his statements. After the second instance Labor Court upheld Lagos del Campo's
dismissal, the former unionist was not reinstated in his job and was ineligible to receive
compensation or benefits; and lost the possibility of accessing a pension for retirement. This case
is the first time the IACHR issued a condemnation for violation of article 26 of the American
Convention (p. 4 #8) for denying the plaintiff the right to work and for infringing upon his rights
to labor stability and association. The court found a violation of Lagos del Campo’s ESCR
suggesting that by denying Lagos del Campo an adequate judicial forum to defend his labor
rights, the state failed to use maximum available resources to protect the right to work and
associated rights.
2. Core issue(s)
Whether the State violated Lagos del Campo’s rights to freedom of expression and association
under Articles 8.2 (right to a fair trial), 13.2 (freedom of thought and expression), 16 (freedom of
association), and 26 (progressive development of economic, social and cultural rights realization)
of the American Convention on Human Rights, in relation to Article 1.1 (obligation to respect
rights) by supporting his dismissal by a third party employer through domestic judicial processes.
3. What was the decision? Holding & Outline of the Courts Decision
The court found violations of the aforementioned rights, as well as Lagos del Campo’s right to a
fair trial and judicial protection. The court held that the State´s obligation to respect to the right
to work includes the provision of effective legal mechanisms through which worker claims of
unjustified firings in the private sector could be brought and remedied through reinstatement and
other measures. The Peruvian state failed to adopt appropriate measures to protect against
violations of the right to work attributable to third parties. Because the Peruvian court supported
the improper dismissal in its judicial system, the state implicitly endorsed a restriction on the
right to freedom of thought and expression. The court further held that the improper dismissal of
Lagos del Campo prevented him from continuing to represent the workers, therefore the state
violated not only Lagos del Campo's right of association, but also that of the workers who would
have been beneficiaries of his representation. (p. 92) The IAHRC ordered compensatory
damages including lost salary, retirement pension and social benefits, as well as additional
damages for emotional distress and PTSD.
4. Key Points
- According to Article 26, the commitment to progressive development refers to rights, not
to mere objectives. Therefore, it is first necessary to establish that textually protected
rights are at issue. (p. 5 #20)
- Art. 34.g of the OAS Charter obligates states to dedicate “maximum efforts” towards the
full realization aspiration rights in accordance with economic development and peace,
including dedicating maximum efforts towards guaranteeing just salaries, opportunities of