obligations by allusion." It also suggested reformulating certain aspects of
articles 25, 26 and 41.
12. In its turn, the delegation of Mexico 24 stated that:
Serious doubts arise as to the advisability of including in the preliminary draft the rights
enshrined in Article 25 of the Draft: On the one hand, such a statement could be repetitive,
since it is already included in Article 31 of the Protocol of Amendment to the Charter of the
OAS. Next, unlike all the other rights mentioned in the draft –which are rights enjoyed by the
individual as a person or as a member of a given social group– it is difficult at a given moment
to establish precisely which person or persons would be directly affected in the event that the
rights contained in the aforementioned article 25 were violated. The same could be said with
regard to the degree of difficulty involved in determining which authority, if any, would be
responsible for such a violation.
13. In the same vein, the delegation of Brazil 25 proposed to make certain
amendments to the above-mentioned articles and, to this end, expressed the
need to bear in mind that:
Civil and political rights entail an effective judicial protection both domestically and
internationally against violations practiced by the organs of the State or their representatives.
On the other hand, economic, social, and cultural rights are contemplated in very different
degrees and forms by the legislation of the different American States and, although
governments wish to recognize them all, their validity depends substantially on the availability
of material resources that allow for their implementation.
Article 25 of the draft was inspired by this concept, but its text does not correspond to its
intention.
14. Along with these observations, there were others along the same lines, i.e.,
pointing to the need to amend certain aspects of the proposal, made by
Argentina 26 and Guatemala. 27
15. In the context of the debate held at the Inter-American Specialized
Conference on Human Rights, the aforementioned articles 25 and 26 of the
Draft were discussed in greater detail, and the following proposal of precepts
referring to economic, social, and cultural rights was approved 28 and
presented to the plenary session: 29
Chapter III.
Economic, social, and cultural rights
Article 26. Progressive development
The States Parties undertake to adopt measures, both in the domestic sphere and through
international cooperation, especially those of an economic and technical nature, with a view to
achieving progressively, by legislation or other appropriate means, the full realization of the
rights implicit in the economic, social, educational, scientific, and cultural standards set forth
in the Charter of the Organization of American States as amended by the Protocol of Buenos
Aires, to the extent of available resources, through legislation or other appropriate means.
Article 27. Control of compliance with obligations
The States Parties shall transmit to the Commission a copy of each of the reports and studies
that they submit annually to the Executive Committees of the Inter‑American Economic and
Social Council and the Inter‑American Council for Education, Science, and Culture, in their
respective fields, so that the Commission may verify whether the aforementioned obligations,
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, p. 101.
25
Cf. Cf. 124-125.
26
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, p. 47.
27
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, p. 107.
28
Cf. Cf. 276.
29
Cf. Inter-American Specialized
OEA/Ser.K/XVI/1.2, p. 318 and 384.
24
Conference on Human Rights, Proceedings and Documents,
Conference on Human Rights, Proceedings and Documents,
Conference on Human Rights, Proceedings and Documents,
Conference on Human Rights, Proceedings and Documents,
7