9. The proposal was reviewed and discussed by the different delegations.
Uruguay 26 submitted a comment on Article 25(2) above, that “its content does
not seem appropriate to a convention, but it may not be politically practical
to object to the inclusion of the text.”
10. The delegation from Chile 27 found that “the provisions that merit the most
reworking of style and substance are those that have been retained in the
draft on economic, social and cultural rights.” It explained that this was
because “all direct mention of these rights has been removed.” It then added,
along the same lines, that “indirectly, Article 25 paragraph 1 provides
insufficient recognition.” It therefore said:
According to sound legal technique, however, the draft convention should contain appropriate
wording on these rights, making it possible to monitor their application.
[…]
If the idea of drafting a single convention is upheld, following the approach of the United
Nations and the Council of Europe, it would follow that economic, social and cultural rights
should be itemized, also defining in detail the means for promoting and monitoring them.
[…]
In any case, a provision should be included on economic, social and cultural rights, establishing
them as legally binding to some degree (insofar as the nature of these rights allows) in terms
of compliance and enforcement. This would require consideration of a clause similar to that of
Article 2, paragraph 1 of the United Nations covenant on the same subject. 28
11. The delegation of the Dominican Republic 29 expressed a similar view on Article
25 paragraph 1 of the text, saying, “the obligations of the States Parties
should be stipulated clearly, without trying to include other obligations by
making vague allusion to them.” It also suggested that certain points in
Articles 25, 26 and 41 be reworded.
12. The delegation from Mexico 30 stated:
The advisability of including in the draft the rights enshrined in Article 25 of the text raises
certain concerns: first, the point could be redundant, as it already appears in Article 31 of
Protocol of Reforms to the OAS Charter. Next, unlike the other rights referenced in the draft—
which are rights that an individual enjoys as a person or as a member of a given social group—
it is difficult at a given moment to determine precisely what person or persons would be directly
affected by violation of the rights contained in Article 25. The same could be said about the
implicit difficulty of determining, in such a case, what authority is responsible for this type of
violation.
13. The delegation from Brazil 31 proposed certain amendments to the articles,
noting the need to bear in mind that:
Civil and political rights derive effective legal protection, both domestically and internationally,
against violations committed by organs of the state or their representatives. By contrast,
economic, social and cultural rights are set forth in highly diverse measure and forms by the
legislation of the different American States, and although the governments may wish to
recognize them all, their effective exercise depends substantially on the availability of material
resources for implementing them.
Article 25 of the draft was inspired by this concept, but the text does not match the intention.
Cf. Inter-American Specialized Conference on Human
pg. 37, para. 10 [available in Spanish only].
27
Cf. Inter-American Specialized Conference on Human
pp. 42-43, paras. 14-17 [available in Spanish only].
28
Cf. Inter-American Specialized Conference on Human
pp. 42-43, paras. 15-17 [available in Spanish only].
29
Cf. Inter-American Specialized Conference on Human
pp. 69-70 [available in Spanish only].
30
Cf. Inter-American Specialized Conference on Human
pg. 101 [available in Spanish only].
31
Cf. Inter-American Specialized Conference on Human
pp. 124-125 [available in Spanish only].
26
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,