In a landmark development, the Inter-American Court of Human Rights has affirmed for the first time that the right to care is an autonomous human right under the American Convention on Human Rights.
In its Advisory Opinion OC-31/25, the Court ruled that caregiving, whether paid or unpaid, is essential to human dignity and must be legally recognized and protected. Requested by the Argentine Republic, the opinion outlines how governments across the Americas must safeguard the rights of people who provide care and those who depend on it.
“We are very pleased that the Court emphasized that caregiving, both paid and unpaid, must be recognized as a form of work that requires legal and social protection,” said Jeffrey Vogt, director of the Solidarity Center’s International Lawyers Assisting Workers (ILAW) Network. “It also importantly stressed that caregiving plays a vital role in ensuring human dignity and the functioning of society.”
The ILAW Network, alongside the International Trade Union Confederation (ITUC), played a key role in securing this legal victory, submitting an amicus brief urging the Court to affirm care work as deserving of full labor protections. Co-authored by ILAW members Cynthia Benzion, María Paula Lozano and Alejandra Trujillo, the brief reflects years of Solidarity Center commitment to advancing care workers’ rights.
“The moment you go to work, we are there taking care of your home and taking care of your children. Our work makes it possible for you to do your work. Society must recognize the value of domestic workers,” said Chirlene Dos Santos Brito, the Secretary of Trade Union Training at Brazil’s National Federation of Domestic Workers (FENATRAD).
What the Court Ruled
The Court’s opinion sets out a clear framework for state responsibilities under international human rights law:
- States must adopt policies ensuring fair and equitable working conditions for paid care workers, including recognition of their labour rights. The Court underscored the importance of freedom of association and the right to bargain collectively in this context.
- Unpaid care work, disproportionately borne by women, must be addressed through comprehensive care systems, parental leave, flexible work policies, and access to social security.
- Those who provide unpaid care must be protected against exclusion from social protection systems and should have access to maternity and paternity benefits, pensions and contributory support.
- States should progressively ensure that workers with family responsibilities can exercise their right to work without discrimination, for which they should implement measures to reconcile work and care responsibilities and remove barriers that prevent care responsibilities from allowing them to access or remain in employment
- States must adopt differentiated strategies to protect the rights of vulnerable groups involved in care work, including migrant domestic workers, who can be trapped in exploitative working conditions, including forced labor.
A Democratic Imperative
This ruling reflects a more profound truth: when workers join together to defend their rights—whether in a workplace, a community, or before the highest courts—they shape the laws and policies that affect everyone. Recognizing care as a human right affirms that those who provide care, paid or unpaid, have the power to influence decisions that make life better not just for themselves, but for society as a whole. That is the foundation of a healthy democracy.
“This opinion sets a new standard in the Inter-American System by anchoring care within the human rights framework,” said Lozano. “It reinforces states’ duties to advance justice and build more inclusive economies.”
From Law to Action
This milestone builds on years of collaboration across Solidarity Center teams and with partners throughout Latin America and the Caribbean. “The decision creates new momentum for unions, civil society, and grassroots advocates to secure legal and policy reforms, from improved labor standards to publicly supported care systems, added Trujillo. “Now the real work begins to ensure these rights are realized in practice.”
The Solidarity Center will continue working alongside allies to transform this legal precedent into meaningful change for working people—and in doing so, to strengthen the foundations of democratic societies.