14. Other observations were made along the same lines as these, that is,
addressing the need to amend certain items in the proposal, as explained by
Argentina 32 and Guatemala. 33
15. Articles 25 and 26 of the draft were discussed further at the Inter-American
Specialized Conference on Human Rights, and the following proposal for
economic, social and cultural rights was approved 34 and submitted to the
plenary session: 35
Chapter III.
Economic, social and cultural rights
Article 26. Progressive development
The States Parties undertake to adopt measures, both internally and through international
economic and technical cooperation, with a view to achieving progressively, by legislation or
other appropriate means [and subject to available resources], 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.
Article 27. Oversight 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 pre-determined obligations
are being met, which are the essential foundation for the exercise of other rights enshrined in
this Convention.
[…]
Chapter VII. The 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, so that the Commission may verify whether the obligations implicit in the
economic and social provisions and in the provisions on education, science and culture, set
forth in the Charter of the Organization of American States as amended by the Protocol of
Buenos Aires, are being met.
16. The final draft was submitted to the vote of the plenary session, which decided
to approve Article 26 and strike Article 27, for which no justification was
given. 36 The change made to Article 43 was more revealing, as the plenary
decided to replace the clause “[…] so that the Commission may verify
whether the obligations implicit in the economic and social provisions and in
the provisions on education, science and culture,[…]” with a text reading “[…]
so that the Commission may watch over the promotion of the rights implicit
in the economic, social, educational, scientific, and cultural standards […].” 37
The text moved from a reinforced mechanism of protection to one targeting
special promotion of such rights.
Cf. Inter-American Specialized Conference on Human
pg. 47 [available in Spanish only].
33
Cf. Inter-American Specialized Conference on Human
pg. 107 [available in Spanish only].
34
Cf. Inter-American Specialized Conference on Human
pg. 276 [available in Spanish only].
35
Cf. Inter-American Specialized Conference on Human
pp. 318 and 384 [available in Spanish only].
36
Cf. Inter-American Specialized Conference on Human
pg. 448 [available in Spanish only].
37
Cf. Inter-American Specialized Conference on Human
pg. 454 [available in Spanish only]. Emphasis added.
32
Rights, Act and Documents, OEA/Ser.K/XVI/1.2,
Rights, Act and Documents, OEA/Ser.K/XVI/1.2,
Rights, Act and Documents, OEA/Ser.K/XVI/1.2,
Rights, Act and Documents, OEA/Ser.K/XVI/1.2,
Rights, Act and Documents, OEA/Ser.K/XVI/1.2,
Rights, Act and Documents, OEA/Ser.K/XVI/1.2,