8. This is why the decision to invoke Article 26 of the Convention as covering all the ESCERs provided in the OAS Charter would ignore the commitment adopted by the States that have ratified the American Convention. B. Travaux préparatoires of the American Convention 1. The Fifth Meeting of Consultation of Ministers of Foreign Affairs of the Organization of American States (hereinafter the OAS), held in 1959, decided to promote the development of a human rights convention and tasked the Inter-American Council of Jurists to prepare a draft 12 for this purpose. 13 The Council of Jurists took into account the experiences of the European human rights system and the universal human rights system. Economic, social and cultural rights were included in chapter II of the draft (under the title “Economic, social and cultural rights”) in the following terms: Article 21. 1. The States recognize the capacity of their inhabitants to enjoy economic, social and cultural rights. 2. At the same time they recognize that the exercise of these rights shall be subject only to the limitations imposed by law, to the degree compatible with the nature of such rights, and for the exclusive purpose of advancing the general welfare of a democratic society. 14 2. Chapter II of the draft contained several articles additional to this general clause, 15 specifically protecting an array of economic, social and cultural rights: the right of peoples freely to determine their political, economic, social and cultural way of life (Article 20), the right to employment (Articles 22 and 23), the right to organize labor unions (Article 24), the right to social security (Article 25), the right to education (Article 27, 28 and 30) and cultural rights (Article 29). 3. The wording of Article 21 as quoted above was also proposed in the draft Convention on Human Rights submitted by the Government of Chile, 16 which served as one of the base documents for the Convention. Uruguay suggested a different text in its own draft Convention on Human Rights, more similar to the wording of the International Covenant on Economic, Social and Cultural Rights, Article 2: Chapter II: Replacement text on economic, social and cultural rights […] Article 24. 1. Each State Party to the present Convention undertakes to take steps, individually and through cooperation with the others, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present chapter, by the adoption of legislative measures and other means. 2. The States Parties to the present Convention recognize that, in the enjoyment of those rights provided by the State in conformity with the present chapter, the State may subject such rights only to such limitations as are determined by law, only in so far as this may be compatible with Approved on September 8, 1959, by Resolution XX of the Inter-American Council of Jurists, Doc. CIJ41, 1959. 13 Cf. Inter-American Yearbook on Human Rights 1968, OAS, Washington D.C., 1973, pg. 97. 14 Cf. Draft Convention on Human Rights, approved by the Fourth Meeting of the Inter-American Council of Jurists, Final Act, Santiago Chile, September, 1959, Doc. CIJ-43, in: Inter-American Yearbook on Human Rights, 1968, OAS, Washington D.C., 1973, pg. 245. 15 Cf. Draft Convention on Human Rights, approved by the Fourth Meeting of the Inter-American Council of Jurists, Final Act, Santiago Chile, September, 1959, Doc. CIJ-43, in: Inter-American Yearbook on Human Rights, 1968, OAS, Washington D.C., 1973, pp. 245-248. 16 Cf. Draft Convention on Human Rights submitted by the Government of Chile to the Second Special Inter-American Conference, Río de Janeiro, 1965, Doc. 35, in: Inter-American Yearbook on Human Rights, 1968, OAS, Washington D.C., 1973, pg. 285. 12

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