B. Protocol of San Salvador 1. This Protocol is the primary inter-American instrument for the protection, guarantee, and promotion of economic, social, and cultural rights. This international treaty recognizes a series of state obligations (obligation to adopt measures, to adopt provisions of domestic law, non-discrimination, non-admission of restrictions) and rights (right to work, right to fair, equitable, and satisfactory work conditions, trade union rights, right to social security, right to health, right to a healthy environment, among others). 2. When addressing the content of this protocol, it is necessary to make two clarifications. On the one hand, regarding the justiciability of the rights contemplated in the Protocol of San Salvador, according to Article 19, the Protocol only contemplates the possibility that, in event of violation of the rights set out in Article 8(a) (right to organize and join trade unions) and Article 13 (right to education), appeals can be brought to the Inter-American Commission and, eventually, to the Inter-American Court through the system of individual petitions. 3. Moreover, Article 19 of the Protocol of San Salvador provides that the States Parties undertake to submit, in accordance with the provisions of said article and the corresponding standards to be developed to that effect by the General Assembly of the OAS, periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in this Protocol. These periodic reports are currently analyzed by the Working Group on the Protocol of San Salvador (hereinafter "WGPSS"), constituted in accordance with the parameters established by the General Assembly of the OAS. 36 4. The WGPSS is the body in charge of defining the indicators to be included in the reports of the States Parties, providing technical cooperation, as well as analyzing and monitoring compliance with the obligations contained in the Protocol of San Salvador. To this end, it uses the what are called "progress indicators for measuring rights under the Protocol of San Salvador," 37 which make it possible to measure compliance with the rights contemplated in the Protocol and thus recognize the principle of progressivity of economic, social, and cultural rights. In the words of the WGPSS: The main objectives of the following indicators are to help states parties by providing them with useful tools to review the status of the rights contained in the Protocol, identify outstanding issues and agendas based on a participatory dialogue with civil society, and devise strategies for the progressive realization of the rights contained in the Protocol. The aim is to encourage states to undertake a process of evaluating and measuring fulfillment of social rights that goes beyond mere reporting to become a useful instrument for the design and continuous evaluation of public policies within states, with a view to ensuring comprehensive fulfillment of economic, social, and cultural rights. As the standards say, they “[a]re not intended to record complaints but progress." 38 Cf. AG/RES. 2262 (XXXVII-O/07) of June 5, 2007. Cf. Progress indicators for the measurement of rights contemplated in the Protocol of San Salvador. OEA/Ser.D/XXVI.11 2015. 38 Cf. Progress indicators for the measurement of rights contemplated in the Protocol of San Salvador. OEA/Ser.L/XXV.2.1OAS/Ser.L/XXV.2.1 and GT/PSS/doc.2/11 rev.2 of December 16, 2011, para. 9. 36 37 9

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