which are the indispensable basis for the exercise of the other rights enshrined in this
Convention, are being fulfilled.
[...]
Chapter VII. Inter-American Commission on Human Rights
[...]
Section 2. Duties
[...]
Article 43.
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, in order for it to verify whether the obligations deriving from 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 are being fulfilled.
16. When the final proposal was put to the vote in the plenary session, the plenary
decided to approve article 26 and eliminate article 27, without any
justification. 30 With regard to article 43, the change was more revealing, since
it was decided to replace the sentence "[...] in order for it to verify whether
the obligations deriving from the economic, social, educational, scientific and
cultural standards are being fulfilled [...]" by the one that indicates "[...] so
that the Commission may look after promotion of the rights implicit in the
economic, social, educational, scientific and cultural standards […]. 31 "
Consequently, there was a shift from a reinforced protection mechanism to
one linked to the special promotion of this type of rights.
17. Shortly after the adoption of the American Convention on Human Rights, the
Inter-American Commission recognized "the difficulty of establishing
criteria to measure compliance by States with their obligations 32
[regarding economic, social, and cultural rights]." 33 This showed that the due
protection of these rights through the American Convention was not sufficient
and could even be considered as incomplete.
18. Thus, the Inter-American Commission brought this issue to the General
Assembly of the OAS so that it could be addressed, indicating the need for the
organization to:
[…] Reaffirm the criterion that the effective protection of human rights must also encompass
social, economic, and cultural rights, noting also that it is the responsibility of the governments
of the member states to make the greatest possible efforts to participate fully in hemispheric
development cooperation, since it is a fundamental means of helping to alleviate extreme
poverty in the Americas, adopting specific measures to that effect. 34
19. The OAS General Assembly then decided to entrust the OAS General
Secretariat with preparing a preliminary draft of an Additional Protocol to the
American Convention defining economic, social, and cultural rights. 35 Finally,
this initiative was embodied in the Additional Protocol to the American
Convention on Human Rights in the Area of Economic, Social, and Cultural
Rights or "Protocol of San Salvador," signed on November 17, 1988, at the
eighteenth regular session of the OAS General Assembly.
Cf. Inter-American Specialized Conference on Human Rights, Proceedings and Documents,
OEA/Ser.K/XVI/1.2, p. 448.
31
Cf. Inter-American Specialized Conference on Human Rights, Proceedings and Documents,
OEA/Ser.K/XVI/1.2, p. 454.
32
Emphasis added.
33
Cf. Inter-American Commission on Human Rights, Annual Report 1979-1980, OEA/Ser.L/V/II.50 doc.
13 rev. 1, October 2, 1980, Chapter VI, para. 5.
34
Cf. Inter-American Commission on Human Rights, Annual Report 1980-1981, OEA/Ser.L/V/II.54 doc. 9
rev.1, October 16, 1981, Chapter V, Economic and Social and Cultural Rights, Recommendations, para.
10.
35
Cf. AG/RES. 619 (XII-O/82), of November 20, 1982, sole resolution.
30
8