• American Convention on Human Rights (OAS, 1969) Recognizes the right of all persons to associate freely for labor purposes (Article 16(1)). Additional protocol to the American convention on human rights in the area of economic, social and cultural rights "Protocol of San Salvador" (OAS, 1988) Includes in the protection regime of the American Convention the right of every person: 1) to freely elected or accepted work (Article 6); 2) to just, equitable, and satisfactory conditions of work and in particular to minimum remuneration, promotion or advancement, job stability, occupational safety and health, maximum working hours, rest, and paid vacation (Article 8); (1.a.) to organize trade unions and to join the trade union of their choice for the protection and promotion of their interests, and, as a projection of this right, the right of trade unions to form and join national federations and confederations and to form and join international trade union organizations of their choice, and the right to strike.
The human rights to freely chosen or accepted work, to just, fair and favorable conditions of work, to freedom of association and to social security are part of the essential content of the right to life with dignity. In this regard, the Inter-American Court of Human Rights established that:
12.2.
The fundamental right to life includes not only the right of every human being not to be arbitrarily deprived of life, but also the right not to be denied access to the conditions which would guarantee a dignified existence.54
Principles and rules for the application and interpretation of international labor standards
As international treaties adopted w i t h i n t h e f ra m ewo r k of a n international organization, the provisions of the Vienna Convention on the Law of Treaties of 1969 (Vienna
Convention) apply to international labour conventions (Article 5). The Vienna Convention establishes rules for the observance and interpretation of international treaties.
54. Inter-American Court of Human Rights. Decision: Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Fondo. November 19, 1999.
140 PRACTICAL GUIDE TO TRADE UNION ACTION AT THE ILO