29.
However, this does not mean that violations of those rights cannot be litigated before
the corresponding domestic jurisdictions. This will depend on what the respective internal laws
establish, a matter that, in any case, falls outside the purpose of this text and that is part of
the internal, domestic or exclusive jurisdiction of the States Parties to the Convention.47
Nevertheless, it is feasible that, in the future, all or some of the States Parties to the
Convention might agree on protocols that establish the justiciability before the Court of
possible violations of other economic, social and cultural rights than those established in the
Protocol of San Salvador.
30.
Consequently, this opinion holds that it is necessary to distinguish between human
rights in general, which must be respected in all circumstances based on the provisions of
international law, and those that, in addition, may be justiciable before an international
jurisdiction. In this regard, it is worth pointing out that there are only three international
human rights courts; namely, the Inter-American Court of Human Rights, the European Court
of Human Rights and the African Court of Human and Peoples’ Rights. Also, not all the States
of the respective regions have accepted the jurisdiction of the corresponding court. Also, not
all the regions of the world have an international human rights jurisdiction, nor has a universal
court of human rights been created.
31.
Therefore, the fact that a State has not accepted to be subject to an international
human rights jurisdiction does not mean that such rights do not exist and, consequently,
cannot possibly be violated. If this happens, international society can use diplomatic or political
measures to achieve the restoration of respect for the said rights, even though such measures
may be too weak for this purpose. Thus, one thing is the international recognition of such
rights, and another is the international instrument used to achieve the restoration of their
effectiveness in situations in which they are violated.
III.
INTERPRETATION OF ARTICLE 26
32.
Therefore, based on the foregoing – in particular, as regards the interpretation of
treaties48 – Article 26 should be interpreted in keeping with the methods indicated above. This
article establishes:
“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 subject
to available resources, the full realization of the rights implicit in [Note: literally “derived
from” in the Spanish original] 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.”
33.
However, first a preliminary note. Although it is laudable that judgments cite or invoke
previous judgments to support a similar line of reasoning, it is also true that the mere
reference to them is not sufficient to substantiate this. If this were so, it would be sufficient,
as appears to occur in the instant case,49 to assert that, since the Court has already made a
ruling in a certain sense, in this case it will make the same ruling. Moreover, by proceeding in
this way, it should be recalled that the Court is confirming the premises that supported the
precedents, so that it may be essential for anyone dissenting with the decision, as in the
47
Supra, footnote 23.
48
Supra, II, c.
49
Paras. 26 and 104.
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