International legal mechanisms for the protection of labor rights in the Inter-American system for the protection of human rights
Year: 2025
Type: article
Abstract: The article examines the features of the legal regulation of international legal regulation of the protection of labor rights within the Inter-American system for the protection of human rights. The opinion is expressed that in addition to universal mechanisms for the protection of human rights, regional mechanisms are actively developing, which are of considerable importance, since they take into account the peculiarities of the economic and social development of regions and contribute to the harmonization of labor legal norms between countries. It is found that labor rights occupy an important place in the Inter-American system, which operates within the Organization of American States and is represented by the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. In the process of the study, the main international documents that enshrine labor rights within the Inter-American system for the protection of human rights were analyzed. It is stated that despite the fact that the Inter-American Charter of Social Guarantees of 1947 was not mandatory, it played a major role in the establishment and recognition of workers’ labor rights in the region and served as a reference point for national labor legislation for states on the American continent. The American Declaration of the Rights and Duties of Man of 1948, together with the American Convention on Human Rights of 1969, forms the basis of the Inter-American system of human rights protection. It is noted that the American Declaration of the Rights and Duties of Man of 1948 enshrines a number of labor rights. In addition, attention is drawn to the importance of the Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social and Cultural Rights (San Salvador Protocol) of 1988. Based on the analysis of scientific points of view and legislation, the authors conclude that the Organization of American States, together with other international organizations, play an important role in the protection of labor rights in the Inter-American System of Human Rights Protection. With the help of international legal mechanisms, a system of direct protection of labor rights operates on the basis of the provisions of the main international documents that enshrine labor rights within the framework of the Inter-American System of Human Rights Protection.
Authors: T. Vakhoneva, V. Andriyiv
Institution: Taras Shevchenko National University of Kyiv
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408570606