to fully implement those rights. 14 The Commission also considers that consideration of the
system for the international protection of the economic, social and cultural rights should begin
as soon as possible. The Commission is prepared to begin examining this system of protection
if the governments of the member states agree that it do so. 15
6. Consequently, the Inter-American Commission suggested a restatement of
the articles related to economic, social, and cultural rights, as proposed by
the draft of the Inter-American Council of Jurists. Thus, the following wording
was proposed:
Article 21.
1. The States Parties to this Convention recognize the need to adopt and, as appropriate,
strengthen the guarantees to permit full protection of the other rights set forth in the American
Declaration of the Rights and Duties of Man which are not included in the preceding articles.
2. The States Parties also declare their intention of including and, as appropriate, maintaining
and perfecting, in their domestic legislation, the provisions most conducive to the exercise of
the right to employment and the fair and equitable remuneration of work, the establishment
of humane working conditions; the protection of children, mothers, and families; as well as to
the establishment of preventive and social-security measures that will ensure health, disability,
and unemployment protection, the attainment of better living standards, and access to
education and to the means for cultural improvement.
Article 22.
The States Parties shall report periodically to the Commission on Human Rights on the
measures they have taken to achieve the purposes set forth in the preceding article. The
Commission shall make appropriate recommendations and, when such measures have been
widely accepted, shall promote the conclusion of a special convention, or additional protocols
to this Convention, in order to include them in this Convention or in such other instrument as
considered appropriate. 16
7. On June 12, 1968, the OAS Council adopted a resolution in which it requested
that the Inter-American Commission develop a definitive working document
on the draft Convention, which the Commission then translated into a
"Preliminary Draft of Inter-American Convention on the Protection of Human
Rights." This document was approved and adopted in the context of the InterAmerican Specialized Conference. 17
8. The Inter-American Specialized Conference on Human Rights, held from
November 7 to 22, 1969, in San José, Costa Rica, was then convened to
evaluate the draft. 18 The regulation on economic, social, and cultural rights
was as follows:
Article 25.
1. The States Parties to this Convention recognize the need to devote their best efforts to
ensure that the other rights set forth in the American Declaration of the Rights and Duties of
Man and not included in the preceding articles are adopted and, as the case may be,
guaranteed in their domestic law.
2. The States Parties further express their intention to enshrine and, where appropriate, to
maintain and improve, within their domestic legislation, such prescriptions as are most suitable
for: substantial and self-sustaining increase in the national product per capita; equitable
distribution of national income; adequate and equitable taxation systems; modernization of
rural life and reforms leading to equitable and effective land tenure regimes, increased
agricultural productivity, expansion of land use, diversification of production and improved
systems for the industrialization and marketing of agricultural products; and strengthening and
expanding the means to achieve these ends; accelerated and diversified industrialization,
especially of capital and intermediate goods; stability of the level of domestic prices in harmony
Emphasis added.
Cf. Opinion of the Inter-American Commission on Human Rights regarding the Draft Convention on
Human Rights approved by the Inter-American Council of Jurists, Part Two, OEA/Ser.L/V/II.16/doc.8, in:
Inter-American Yearbook of Human Rights, 1968, OAS, Washington D.C., 1973, pp. 334-335.
16
Cf. Opinion of the Inter-American Commission on Human Rights regarding the Draft Convention on
Human Rights approved by the Inter-American Council of Jurists, Part Two, OEA/Ser.L/V/II.16/doc.8, in:
Inter-American Yearbook of Human Rights, 1968, OAS, Washington, D.C., 1973, p. 336.
17
Cf. OAS Council Resolution, October 2, 1968.
18
Cf. Inter-American Specialized Conference on Human Rights, Proceedings and Documents,
OEA/Ser.K/XVI/1.2, pp. 1-3.
14
15
5