express consent of the States. If their wills converge on a certain matter, that consent must be manifested in the manner established by Article 2(a) of the Vienna Convention on the Law of Treaties. 10 By virtue of this type of international agreements, States may agree to create international courts with the authority to apply and interpret the provisions of those agreements and may broaden the jurisdiction of those bodies through subsequent instruments. Therefore, international courts must exercise their jurisdiction within the framework established in the pertinent treaties. Those juridical instruments are their basis and also the limit of their activity. From a democratic perspective, what is expressed is coherent with due respect for the processes of internal deliberations that take place regarding ratification of a treaty and with the type of interpretation that the international courts develop. This hermeneutical work is exercised with respect to the norms of international law and not those of a constitution. In light of these considerations, and considering that the Court declared the violation of the right to work, based on the provisions of Article 26 of the Convention, it should be asked whether the Court has or does not have jurisdiction to proceed in this manner. The answer is no. Article 1(1) of the Convention is clear in pointing out that the States Parties “undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination […]”. At the same time, the norms on the jurisdiction and functions of the Court also are clear in establishing that the Court is subject to the provisions of the Convention. Thus, Article 62(3) indicates that “[t]he jurisdiction of the Court shall comprise all cases concerning the interpretation and application of the provisions of this Convention that are submitted to it […]” and, similarly, Article 63(1) states that “[i]f the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated.” For its part, Chapter III of the Convention entitled “Economic, Social and Cultural Rights” contains only one article, Article 26, which is entitled “Progressive Development.” In line with its title and in view of the above-mentioned provision, “[t]he States Parties undertake to adopt measures, both internally 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.” 11 A reading of this norm demonstrates that, in contrast to the purpose announced for the civil and political rights that are listed and developed in Chapter II of the Convention, here there is an obligation on the part of the States Parties to adopt “measures;” in other words, actions, measures or public policies necessary to achieve “progressively” the full effectiveness of the norms derived from the OAS Charter “in accordance with their resources” (which is congruent with the progressive nature of the obligation) and by “legislation or other appropriate means.” Thus, each State Party has the obligation to formulate definitions and to make pronounced progress in these matters, in accordance with their domestic deliberative procedures. To conceive Article 26 as a norm of the remittance of all the ESCER that are included in the OAS Charter disregards the commitment adopted by the States Parties and 10 A “’treaty’” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.” 11 Emphasis added. 3