-9system of “control of compliance with the obligations.” The part entitled “Articles revised by
the Style Committee,” includes the text of Articles 26 and 27 that were submitted to a vote:14
Chapter III
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Article 26.
Progressive Development
The States Parties undertake 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 and in keeping with the resources
available, 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.
Control of Compliance with Obligations
The States Parties shall transmit to the Inter-American Commission on Human Rights a copy of
the reports and studies that they submit every year to the Executive Committees of the InterAmerican Economic and Social Council and of the Inter-American Council for Education, Science
and Culture, respectively, so that the Commission may verify compliance with the preceding
obligations, which provide the essential foundation for the exercise of the other rights
established in this Convention.
21.
In the second plenary session,15 the following decision was taken:
Article 26 is adopted without any change, and article 27 is eliminated. The numbering of the
following articles is amended accordingly.
Thus, at no time was it proposed to include the economic, social and cultural rights under the
system of protection established by the Convention, which remained limited to the civil and
political rights recognized therein.
V.
CONCLUSIONS
22.
In conclusion, neither the specific recognition of the economic, social and cultural
rights nor their inclusion in the system of protection established by the Convention can be
inferred from Article 26 of the American Convention. The recognition of other rights and their
inclusion in the system of protection does not correspond to the Court, but rather to the
Member States by means of amendments (Article 76) or protocols (Article 77) that apply
Article 31.
23.
This is not a case in which the Court can make a legitimate progressive interpretation
in which it defines or varies the way in which a right or freedom recognized by the Convention
should be understood. The compétence de la compétence does not allow the Court to modify
its own competence, but rather to decide in each specific case, and pursuant to the pertinent
norms, whether or not it has competence in that case.
24.
Consequently, it is not incumbent on the Court to consider, and eventually declare, a
violation of the right to health.
14
Proceedings of the Inter-American Specialized Conference on Human Rights, November 7 to 22, 1969,
OEA/Ser.K/XVI/1.2, p. 318.
15
Proceedings of the Inter-American Specialized Conference on Human Rights, November 7 to 22, 1969,
OEA/Ser.K/XVI/1.2, p. 448.
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