with sustained economic development and the achievement of social justice; fair wages,
employment opportunities and acceptable working conditions for all; rapid eradication of
illiteracy and expansion of educational opportunities for all; defense of human potential through
the extension and application of modern medical science; adequate nutrition, particularly
through the acceleration of national efforts to increase food production and availability;
adequate housing for all sectors of the population; urban conditions that enable a healthy,
productive, and dignified life; promotion of private initiative and investment in harmony with
public sector action; and expansion and diversification of exports.
Article 26.
The States Parties shall report periodically to the Commission on Human Rights on the
measures they have adopted for the purposes indicated in the preceding article. The
Commission shall make such recommendations as may be appropriate and, where there is
general acceptance of such measures, it shall promote holding a special Convention or
Protocols supplementary to this Convention in order to incorporate them into the regime of
this Convention, or into such other regime as may be deemed appropriate.
Article 41.
1. The States Parties undertake to submit periodic reports to the Commission on the measures
adopted to ensure the observance of the rights mentioned in Article 25.
2. The Commission shall determine the frequency of these reports.
3. In the case of a report that is to be submitted originally to one of the Specialized Agencies
of the United Nations or the Organization of American States, the State Party shall comply with
the requirements of paragraph 1 above by sending a copy of the report to the Commission. 19
9. This proposal was subject to review and discussion by the different
delegations. Regarding the aforementioned Article 25(2), Uruguay 20
considered that "its content does not seem appropriate for a convention, but
perhaps it is not politically convenient to oppose the inclusion of such text.”
10. For its part, the delegation of Chile 21 considered that "the provisions that have
been kept in the draft regarding economic, social, and cultural rights are the
ones that deserve the most objections in terms of form and substance." This
is due to the fact that "all direct mention of such rights has been eliminated."
In line with this, the delegation added that "indirectly, in article 25, paragraph
1, there is insufficient acknowledgment." For the same reason, it was pointed
out that:
In good legal technique, however, these rights should be given appropriate wording within the
draft Convention, so that their application can be monitored.
[...]
The technique followed by the United Nations and the Council of Europe of enumerating
economic, social, and cultural rights, setting out in detail the means for their promotion and
control, should be suggested if the criterion of drafting a single Convention is maintained.
[...]
In any case, a provision should be included for economic, social, and cultural rights that
establishes a certain legal obligation (to the extent permitted by the nature of these rights) in
their fulfillment and application. To this end, it would be necessary to contemplate a clause
similar to that of article 2, paragraph 1, of the United Nations International Treaty on this
matter. 22
11. Similarly, the delegation of the Dominican Republic 23 considered that,
regarding article 25(1) of the text, "the obligations of the States Parties must
be clearly stipulated and without vaguely trying to incorporate other
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, pp. 23 y 28-29.
20
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, p. 37, para. 10.
21
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, pp. 42-43, para.
22
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, pp. 42-43, para.
23
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, pp. 69-70.
19
Conference on Human Rights, Proceedings and Documents,
Conference on Human Rights, Proceedings and Documents,
Conference on Human Rights, Proceedings and Documents,
14-17.
Conference on Human Rights, Proceedings and Documents,
15-17.
Conference on Human Rights, Proceedings and Documents,
6