-6single convention is retained, the technique followed by the United Nations and the Council of
Europe would be recommendable, which is listing the economic, social and cultural rights, and
also establishing in detail the means to promote and control them.
16. In this regard, it should be considered whether the Commission on Human Rights, as it has
been conceived – that is, as a legal and quasi-judicial organ – is the appropriate organ to receive
periodic reports on these rights. If the Organization of American States is going to have an
Inter-American Economic and Social Council and an Inter-American Cultural Council, both with
Permanent Executive Committees, perhaps we should analyze whether it should not correspond
rather to these OAS organs to examine the periodic reports referred to in Article 41. In this way,
the Commission on Human Rights would only have competence to consider petitions and
complaints concerning civil and political rights, in accordance with its origin, composition, and
rules of procedure.
17. In any case, as regards the economic, social and cultural rights a provision should be
included that establishes a certain legal enforceability (to the full extent permitted by the nature
of these rights) of compliance with them and their application. To this end, it would be necessary
to consider a clause similar Article 2, paragraph 1, of the United Nations Covenant on this
matter. That paragraph is as follows:
"1. Each State Party to the present Covenant undertakes to take steps, individually and
through international assistance and co-operation, especially economic and technical, to
the maximum of its available resources, with a view to achieving progressively the full
realization of the rights recognized in the present Covenant by all appropriate means,
including particularly the adoption of legislative measures.
Observations of Argentina9
Articles 25, second part, and 26: It can be see that, although the second part of article 25 is a
literal transcription of Article 31 of the OAS Charter, amended by the Protocol of Buenos Aires,
article 26 obliges the States to report periodically to the Commission on Human Rights on the
measures they have adopted to achieve the goals mentioned in article 25. In addition, Article 26
recognizes to the Commission the right to make recommendations to the States in this regard,
which, evidently, exceeds its competence and possibilities. Furthermore, the States are not
granted the possibility of making observations on these recommendations by the Commission.
Consequently, I suggest that article 26 be reconsidered and revised.
Observations of Dominican Republic10 Article 25 (note the change in order)
Paragraph 1: We believe it is preferable to eliminate this paragraph because Article 70 already
establishes a procedure for gradually expanding the protection to include other rights that
appear in the American Declaration of the Rights and Duties of Man. The obligations of the
States Parties should be stipulated clearly and without trying imprecisely to incorporate other
obligations by allusion.
Paragraph 2: Given that this paragraph reaffirms the economic and social goals agreed on when
the amendments to the OAS Charter were signed in 1967, this article should also reaffirm this,
and in the same words as in the amended Charter.
The proposed title and the amended text would be:
Article 25. Economic and Social Goals. The States Parties reaffirm the agreement established
in the amendments to the OAS Charter signed in 1967 to devote their utmost efforts to
accomplishing the following basic goals in order to accelerate their economic and social
development, in accordance with their own methods and procedures and within the
framework of the democratic principles and the institutions of the inter-American system: (a)
9
Proceedings of the Inter-American Specialized Conference on Human Rights, November 7 to 22, 1969,
OEA/Ser.K/XVI/1.2, p. 47.
10
Proceedings of the Inter-American Specialized Conference on Human Rights, November 7 to 22, 1969,
OEA/Ser.K/XVI/1.2, pp. 69 and 70.
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