origin, reason or goal86 for or towards which every effort must be made to achieve them or
for them to become a reality.
79.
With that in mind, the range of possibilities from which the interpreter could “derive”
human rights not expressly established in any international norm would be enormous, not to
say unlimited. It is sufficient to read what the articles of the OAS Charter indicated in the
judgment mention as “basic goals”87 or as “principles and mechanisms”88 or as the “goal,”89
to realize, without any room for doubt, that the purpose of the said articles is not to establish
any right and, especially, the justiciability before the Court of its violation, but simply to set
forth aspirations that should be achieved by compliance with obligations of conduct, expressed
by the deployment of “every effort” that the OAS Member States should make to this end.
80.
If the Court continues with this course of action, and takes it to its extreme, all the
States Parties to the Convention that have accepted its jurisdiction could eventually be brought
before it because they had not fully achieved one of the “principles,” “goals,” “mechanisms”
or “objectives” contemplated in the OAS Charter from which the judgment derives rights,
which would clearly appear to be very far from what the States Parties intended when signing
Diccionario de la Lengua Española, Real Academia Española, 2020.
Art. 34: “The Member States agree that equality of opportunity, the elimination of extreme poverty, equitable
distribution of wealth and income and the full participation of their peoples in decisions relating to their own
development are, among others, basic objectives of integral development. To achieve them, they likewise agree to
devote their utmost efforts to accomplishing the following basic goals: (a) Substantial and self-sustained increase of
per capita national product; (b) Equitable distribution of national income; (c) Adequate and equitable systems of
taxation; (d) Modernization of rural life and reforms leading to equitable and efficient land-tenure systems, increased
agricultural productivity, expanded use of land, diversification of production and improved processing and marketing
systems for agricultural products; and the strengthening and expansion of the means to attain these ends; (e)
Accelerated and diversified industrialization, especially of capital and intermediate goods; (f) Stability of domestic
price levels, compatible with sustained economic development and the attainment of social justice; (g) Fair wages,
employment opportunities, and acceptable working conditions for all; (h) Rapid eradication of illiteracy and expansion
of educational opportunities for all; (i) Protection of man's potential through the extension and application of modern
medical science; (j) Proper nutrition, especially through the acceleration of national efforts to increase the production
and availability of food; (k) Adequate housing for all sectors of the population; (l) Urban conditions that offer the
opportunity for a healthful, productive, and full life; (m) Promotion of private initiative and investment in harmony
with action in the public sector; and (n) Expansion and diversification of exports.”
86
87
88
Art.45: “The Member States, convinced that man can only achieve the full realization of his aspirations within a
just social order, along with economic development and true peace, agree to dedicate every effort to the application
of the following principles and mechanisms: (a) All human beings, without distinction as to race, sex, nationality,
creed, or social condition, have a right to material well-being and to their spiritual development, under circumstances
of liberty, dignity, equality of opportunity, and economic security; (b) Work is a right and a social duty, it gives dignity
to the one who performs it, and it should be performed under conditions, including a system of fair wages, that ensure
life, health, and a decent standard of living for the worker and his family, both during his working years and in his
old age, or when any circumstance deprives him of the possibility of working; (c) Employers and workers, both rural
and urban, have the right to associate themselves freely for the defense and promotion of their interests, including
the right to collective bargaining and the workers' right to strike, and recognition of the juridical personality of
associations and the protection of their freedom and independence, all in accordance with applicable laws; (d) Fair
and efficient systems and procedures for consultation and collaboration among the sectors of production, with due
regard for safeguarding the interests of the entire society; (e) The operation of systems of public administration,
banking and credit, enterprise, and distribution and sales, in such a way, in harmony with the private sector, as to
meet the requirements and interests of the community; (f) The incorporation and increasing participation of the
marginal sectors of the population, in both rural and urban areas, in the economic, social, civic, cultural, and political
life of the nation, in order to achieve the full integration of the national community, acceleration of the process of
social mobility, and the consolidation of the democratic system. The encouragement of all efforts of popular promotion
and cooperation that have as their purpose the development and progress of the community; (g) Recognition of the
importance of the contribution of organizations such as labor unions, cooperatives, and cultural, professional,
business, neighborhood, and community associations to the life of the society and to the development process; (h)
Development of an efficient social security policy; and (i) Adequate provision for all persons to have due legal aid in
order to secure their rights.”
89
Supra, footnote 86.
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