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Inter-American Court Recognizes Care as Autonomous Human Right

The advisory opinion binds member states to overhaul policies affecting caregivers by setting binding standards for labor rights, social benefits, anti-discrimination protections

Overview

  • Issued on August 7, Advisory Opinion OC-31/25 now binds states to recognize care—paid and unpaid—as an autonomous human right under the American Convention on Human Rights.
  • The court requires governments to guarantee paid care workers fair labor conditions, including freedom of association and collective bargaining rights.
  • Member states must address unpaid caregiving through comprehensive policies such as paid parental leave, social security coverage and protections against social exclusion.
  • The ruling instructs states to prevent discrimination and safeguard vulnerable caregivers, including migrant domestic workers and those balancing work and family duties.
  • The court rejected Argentina’s November 2023 bid to withdraw its request, confirming the opinion’s standing and paving the way for implementation across the Americas.