ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA
OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS “PROTOCOL OF SAN SALVADOR”
Article 3 Obligation of non-discrimination
The State Parties to this Protocol undertake
to guarantee the exercise of the rights set
forth herein without discrimination of any
kind for reasons related to race, colour, sex,
language, religion, political or other opinions, national or social origin, economic
status, birth or any other social condition.
Article 4 Inadmissibility of Restrictions
A right which is recognized or in effect in a
State by virtue of its internal legislation or
international conventions may not be restricted or curtailed on the pretext that this
Protocol does not recognize the right or
recognizes it to a lesser degree.
Article 5 Scope of Restrictions and Limitations
The State Parties may establish restrictions
and limitations on the enjoyment and exercise of the rights established herein by
means of laws promulgated for the purpose
of preserving the general welfare in a democratic society only to the extent that they
are not incompatible with the purpose and
reason underlying those rights.
Article 6 Right to Work
1. Everyone has the right to work, which
includes the opportunity to secure the
means for living a dignified and decent
existence by performing a freely elected
or accepted lawful activity.
2. The State Parties undertake to adopt
measures that will make the right to work
fully effective, especially with regard to
the achievement of full employment, vocational guidance, and the development
of technical and vocational training projects, in particular those directed to the
disabled. The States Parties also undertake to implement and strengthen programs that help to ensure suitable family
care, so that women may enjoy a real opportunity to exercise the right to work.
Article 7 Just, Equitable, and Satisfactory Conditions of Work
The States Parties to this Protocol recognize
that the right to work to which the foregoing
article refers presupposes that everyone shall
enjoy that right under just, equitable, and
satisfactory conditions, which the States
Parties undertake to guarantee in their internal legislation, particularly with respect to:
a. Remuneration which guarantees, as a
minimum, to all workers dignified and
decent living conditions for them and
their families and fair and equal wages for
equal work, without distinction;
b. The right of every worker to follow his
vocation and to devote himself to the activity that best fulfils his expectations and
to change employment in accordance
with the pertinent national regulations;
c. The right of every worker to promotion or
upward mobility in his employment, for
which purpose account shall be taken of
his qualifications, competence, integrity
and seniority;
d. Stability of employment, subject to the
nature of each industry and occupation
and the causes for just separation. In
cases of unjustified dismissal, the worker
shall have the right to indemnity or to reinstatement on the job or any other benefits provided by domestic legislation;
e. Safety and hygiene at work;
f. The prohibition of night work or unhealthy or dangerous working conditions
and, in general, of all work which jeopardizes health, safety, or morals, for persons under 18 years of age. As regards
minors under the age of 16, the work day
shall be subordinated to the provisions
regarding compulsory education and in
no case shall work constitute an impediment to school attendance or a limitation
on benefiting from education received;
g. A reasonable limitation of working hours,
both daily and weekly. The days shall be
shorter in the case of dangerous or unhealthy work or of night work;
h. Rest, leisure and paid vacations as well as
remuneration for national holidays.
Article 8 Trade Union Rights
1. The States Parties shall ensure:
a. The right of workers to organize trade
unions and to join the union of their
choice for the purpose of protecting
and promoting their interests. As an
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