14
“derived from 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;”81
e) in relation to the first, “the jurisdiction of the Court shall comprise all cases concerning the
interpretation and application of the provisions of th[e] Convention that are submitted to it;” 82
f)
consequently, when such a case is submitted to the Court, those States that have recognized its
contentious jurisdiction can only be required to ensure due respect for the civil and political rights
that it “recognizes” and “guarantees;”83
g) also, the States may be eventually required to adopt, “in accordance with their constitutional
processes and the provisions of this Convention, such legislative or other measures as may be
necessary to give effect to those rights or freedoms;”84
h) by contrast, in relation to the rights “derived from the economic, social, educational, scientific
and cultural standards set forth in the Charter of the Organization of the American States, as
amended by the Protocol of Buenos Aires,” only States Parties to the Convention could be required
to adopt “by legislation or other appropriate means,” “measures, both internally and through
international cooperation, especially those of an economic and technical nature, with a view to
achieving progressively […]the full realization of the rights,” and this is “subject to available
resources;”
i)
as to the supplementary means of interpretation, these confirm that the States Parties to the
Convention did not wish to include economic, social and cultural rights within the established
system of protection;
j)
indeed, during the Specialized Inter-American Conference on Human Rights, during which the
final text of the Convention was adopted, Colombia proposed the definition of the economic, social
and cultural rights to be protected by the mechanism provided therein, while Mexico argued that
none of those rights should be included. Consequently, “(f)ollowing discussions during which
some of the preceding positions were repeated without reaching a consensus, and during which
it was never proposed to include economic, social and cultural rights in the system of protection
contemplated for civil and political rights, a chapter was drafted with two articles.”85 The first of
these articles, proposed by Brazil as a formula for conciliation, was included by virtue of the
corresponding vote, in the final text of the Convention, as Article 26.
81
Footnote 6.
82
Footnote 12.
.
83
Footnote 25.
84
Footnote 67.
Concurring Opinion of Judge Alberto Pérez, Case of Gonzales Lluy et al. v. Ecuador, Judgment of September 1, 2015,
(Preliminary objections, merits, reparations and costs).
85