The protection of the right to health of workers under the inter-American human rights system: the case of Los Buzos Miskitos Vs. Honduras Mery Elen da Silva Scalia Carvalho

Abstract

This paper aims to present reflections on the protection of the right to health of workers under the Inter-American Human Rights System. To this end, the inclusion of this right in the catalogue of human rights will be initially analyzed. Then, it will study how the protection of social rights has historically been carried out under the Inter-American Human Rights System. Finally, it will analyze how the matter was addressed by the Inter-American Court of Human Rights in the trial of the Los Buzos Miskitos vs. Honduras case, weighing the advantages and disadvantages of resorting to this international jurisdiction. Regarding the methodology, this is a qualitative and descriptive investigation, focused on the Latin American scenario. Data collection was carried out through bibliographic, normative and jurisprudential research. In conclusion, it was possible to recognize the right to health of workers as a human right, as well as the benefits of seeking its protection under the American regional system in view of the illicit conduct of private companies in failing to respect it and the inability of the State to protect it.