11 29. As to the right to social security, in this opinion I argue that the Court, contrary to what is indicated in the Judgment, lacks competence to examine its violation; in other words, that right is not subject to being internationally justiciable by the Court. Consequently, this matter is the subject of the present opinion. II. INTERPRETATION OF ARTICLE 26 30. That said, prior to stating the reasons why I disagree with this Judgment, and to ensure that these reasons can be properly understood, it is important to offer an interpretation of the aforementioned Article 26,58 according to the treaty interpretation methods established in the Vienna Convention. A. Textual or literal method. 31. In interpreting the article in question, we may conclude that: a) it contemplates an obligation to act, not to produce a result, on the part of the States Parties to the Convention, and specifically, “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” mentioned therein; b) indeed, as indicated in the title of the article, namely, “Progressive Development”, this obligation involves the gradual development of the rights alluded to, precisely because they have not been fully realized; c) this provision refers to “rights derived59 from the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States,” that is, rights that are implicit in or may be inferred 60 from the latter’s provisions. However, these rights are not enshrined or contemplated; instead their definition is left for interpretation; d) therefore, those rights are not “recognized” by the Convention;61 may subordinate such use and enjoyment to the interest of society. 2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law. 3. Usury and any other form of exploitation of man by man shall be prohibited by law.” 58 Footnote 6. “Derive: Obtain something from a source. Originate from something. Diccionario de la Lengua Española, Real Academia Española, 2018 59 60 “Infer: To deduce something or reach a conclusion”, Idem. 61 Footnote 25.

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