the judgment 54 disregarding stated in the chapter on "Progressive
Development", i.e., Article 30 of the Charter of the OAS, which provides:
Article 30
“The Member States, inspired by the principles of inter-American solidarity and
cooperation, pledge themselves to a united effort to ensure 55 international social
justice in their relations and integral development for their peoples, as conditions
essential to peace and security. Integral development encompasses the economic, social,
educational, cultural, scientific, and technological fields, through which the goals that
each country sets for accomplishing it should be achieved.”
13.
Likewise, Article 34 states that:
Article 34
"The Member States agree that equality of opportunity, the elimination of extreme
poverty, equitable distribution of wealth and income and the full participation of their
peoples in decisions relating to their own development are, among others, basic
objectives of integral development. To achieve them, they likewise agree to devote
their utmost efforts to accomplishing the following basic goals: To achieve them, they
likewise agree to devote their utmost efforts to accomplishing the following basic
goals:
[...] g) Fair wages, employment opportunities, and acceptable working conditions for all
[...] 56.
14.
Article 45 states that:
Article 45
"The Member States, convinced that man can only achieve the full realization of his
aspirations within a just social order, along with economic development and true peace,
agree to dedicate every effort to the application of the following principles and
mechanisms:
[...] b) Work is a right and a social duty, it gives dignity to the one who performs it, and
it should be performed under conditions that, including a fair wage system, ensure life,
health, and a decent standard of living for the worker and his family, both during his
working years and in his old age, or when any circumstance deprives him of the
possibility of working;
c) Employers and workers, both rural and urban, have the right to associate themselves
freely for the defense and promotion of their interests, including the right of collective
bargaining and the workers' right to strike, and recognition of the juridical personality of
associations and the protection of their freedom and independence, all in accordance
with applicable laws [...]. 57
15.
54
55
56
57
In short, Article 26 of the Convention does not contain subjective rights that
are justiciable before this Court. What it enshrines is the commitment of the
States to adopt measures to progressively achieve the realization of the rights
derived from the relevant rules of the Charter of the OAS, to the "extent of
available resources" (which is congruent with the progressive nature of the
obligation) and by "legislative or other appropriate means." In other words,
each State Party has an obligation to formulate definitions and move decisively
forward on these issues, in accordance with their domestic deliberative
procedures.
Cf. Paragraph 101.
Emphasis added.
Emphasis added.
Emphasis added.
13