Constitutions is characterized because, although they do not refer expressly to the principle of progressivity with regard to human rights, in some ways they establish duties that the State must comply with to realize the rights contained in these fundamental instruments – and, in some case, with real equality criteria – of the persons subject to its jurisdiction. In this category we find countries such as Argentina,39 Brazil,40 Costa Rica41 and Paraguay.42 b. Judicial decisions on progressivity of the high courts of the region 14. The result of the constitutionalization of social rights and the principle of their progressive realization (by any of the three methods mentioned) has been that complaints are filed before the courts in which, in addition to citing the specific violation of an ESCER, the high constitutional jurisdictions are asked to decide whether any aspect of their progressivity/retrogressivity has been violated. In this regard, various courts have developed standards to assess when the progressivity of a right has not been complied with, or whether measures of a retrogressive nature have been adopted. Each constitutional jurisdiction has developed this issue in its own way, although in accordance with these standards. Article 100 of the Constitution of the Republic of Guatemala establishes the principle of progressivity in relation to the right to social security. “Article 100. Social security. The State recognizes and guarantees the right to social security for the benefit of the inhabitants of the Nation. Its regime is established as a public function of a national, unitary and obligatory nature. The State, the employers, and the workers covered by the system, with the sole exception of the provisions of article 88 of this Constitution, are obliged to contribute to funding this system and have the right to participate in its management, seeking its progressive improvement. […]”. Constitution of the Republic of Guatemala. Amended by legislative act No. 18-93 of November 17, 1993. 36 Article 143 of the Constitution of the Republic of Honduras recognizes the progressive implementation of the social security regime. Indirectly, article 179 establishes that the State will promote, support and regulate the creation of systems and mechanisms “for the use of internal and external resources to be channeled towards the solution of the housing problem.” Meanwhile, article 260 establishes as one of the purposes of the decentralized institutions, “social progress and general well-being.” Constitution of Honduras. Updated to Decree 36 of May 4, 2005. 37 “Article 10. The State recognizes the universal and progressive right of everyone to social security for their protection in the face of the contingencies established by law and to improve their quality of life.” “Article 23. […] The State shall promote conditions for social and economic progress, especially by policies that stimulate productive employment and work-oriented education for the workplace.” Constitution of Peru. 38 “Article 75. It is the function of Congress: […] 19. To provide conditions conducive to human development economic progress with social justice, the productivity of the national economy, employment generation, professional training for workers, defense of the value of the currency, and technological and scientific research and development, its dissemination and use. To provide conditions for the harmonious growth of the Nation and the settlement of its territory; to promote differentiated policies aimed at balancing unequal development between provinces and regions.” Constitution of the Argentine Nation. Law No. 24,430, adopted on December 15, 1994, and promulgated on January 3, 1995. 39 “Article 3. The following constitute fundamental goals of the Federative Republic of Brazil: 1. to build a free, fair and caring society; 2. To ensure national development; 3. To eradicate poverty and marginalization and reduce social and regional inequalities; 4. To promote the well-being of all, without discrimination on the basis of origin, race, sex, color, age or any other condition.” Constitution of the Federative Republic of Brazil. 40 “Article 65. The State shall promote the construction of low-cost housing and shall create family property for workers.” “Article 83. The State shall sponsor and shall organize adult education to combat illiteracy and to provide cultural opportunities to those who wish to improve their intellectual, social and economic situation.” Constitution of the Republic of Costa Rica, published on November 7, 1949. 41 “Article 176. Economic Policy and Development Promotion. The essential objective of the economic policy shall be the promotion of economic, social and cultural development. The State shall promote economic development by the rational use of available resources in order to promote the orderly and sustained growth of the economy, create new sources of employment and wealth, increase the national wealth, and ensure the well-being of the population. Development will be promoted by global programs that coordinate and guide national economic activities.” Constitution of the Republic of Paraguay, promulgated on June 20, 1992. 42 7