Lagos del Campo v. Peru, Case No. 12.795, Judgment of August 31, 2017.
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employment, and labor conditions acceptable to all. (p. 109) In failing to provide avenues
for relief for his unjustified dismissal, the Peruvian state did not meet this maximum
efforts obligation.
The Peruvian Constitution recognizes both the right to work and the right to job
security. As the second instance court of Peru failed to evaluate Mr. Lagos del Campo’s
claims with respect to either, and no other court would hear them, the State violated Mr.
Lagos del Campo’s right to a fair trial and judicial protection. (p. 41 #130).
5. What was the court’s reasoning in reaching its decisions?
A. The state is obligated to protect the right to work and the right to freedom of
association.
- Articles 45.b and c194, 46195 and 34.g196 of the Organization of American States
(OAS) Charter establish that states must protect the right to work with fair wages and
conditions of employment. The OAS Charter also protects the right to free association for
the defense and promotion of their interests. (p. 7, #143).
- The UN Committee on ESCR declared in General Comment No. 18 that the right to work
the right to work implies the right not to be unjustly deprived of employment, and that
state parties violate this right when they refrain from adopting adequate measures to
protect persons within their jurisdiction against violations of the right to work by third
parties, including the failure to protect workers against unfair dismissal. (p. 49 #146).
- International Labor Organization (ILO) Recommendation No. 143 advises special
protection for workers' representatives against any act that may harm them, including
dismissal due to their status as representatives of workers, provided that said
representatives act in accordance with the laws, collective agreements or other common
agreements in force. (p. 40 #126)
B. The State endorsed a restriction on the right to freedom of thought and expression by
affirming Lagos del Campo's unjustified dismissal through its judicial system.
- The court recognizes that dismissal is the most severe sanction in the workplace.
Therefore it is essential that dismissal be duly justified and not infringe on freedom of
expression (p. 40 # 125)
- The IACHR criticized the decision of the second instance domestic court, indicating that
in affirming Lagos del Campo's dismissal, Peru’s Second Labor Court failed to consider
several fundamental elements in its analysis: i) Mr. Lagos del Campo was an elected
representative of the workers and was acting in accordance with their mandate; ii) his
statements pertained to his position and were made within the context of an electoral
debate and therefore had a public and collective interest; iii) his statements called for
greater protection for exercising labor rights; iv) his statements would have met the