rights and to gradually incorporated them into the Convention’s protection system and achieve
their full realization.
86.
In other words, the Protocol was adopted because, at the date of its signature, the
economic, social and cultural rights had not been reaffirmed, developed, perfected and
protected or included in the protection system of the Convention, which means that they had
not been fully realized based on Article 26. Otherwise, it would be difficult to understand either
the purpose or the utility of the Protocol.
87.
From this perspective, the Protocol recognizes, 94 establishes,95 sets forth96 and97 the
following rights: the right to work (Art. 6), the right to just, equitable, and satisfactory
conditions of work (Art. 7), trade union rights (Art. 8), the right to social security (Art. 9), the
right to health (Art. 10), the right to a healthy environment (Art. 11), the right to food (Art.
12), the right to education (Art. 13), the right to the benefits of culture (Art. 14), the right to
the formation and the protection of families (Art. 15), the rights of children (Art. 16), the
protection of the elderly (Art. 17) and the protection of the handicapped (Art. 18). It should
be recalled that, to the contrary, Article 26 does not establish or set forth any right, it merely
refers to those derived from the OAS Charter.
88.
And regarding those rights recognized by the Protocol, the States Parties undertake to
adopt, gradually, measures to ensure their full effectiveness (Arts. 6(2), 10(2), 11(2) and
12(2)). This coincides with the provisions of Article 26; that is, both the Protocol and the said
article relate to rights that have not been realized or not fully.
89.
The Protocol also includes a provision, Article 19, concerning the means of protection
of the above-mentioned rights. Those means consist in the reports that the States Parties
Art. 1: “Obligation to Adopt Measures. The States Parties to this Additional Protocol to the American Convention on
Human Rights undertake to adopt the necessary measures, both domestically and through international cooperation,
especially economic and technical, to the extent allowed by their available resources, and taking into account their
degree of development, for the purpose of achieving progressively and pursuant to their internal legislations, the full
observance of the rights recognized in this Protocol.”
94
Art. 4: ”Inadmissibility of Restrictions. A right which is recognized or in effect in a State by virtue of its internal
legislation or international conventions may not be restricted or curtailed on the pretext that this Protocol does not
recognize the right or recognizes it to a lesser degree.
Art. 5: “Scope of Restrictions and Limitations. The State Parties may establish restrictions and limitations on the
enjoyment and exercise of the rights established herein by means of laws promulgated for the purpose of preserving
the general welfare in a democratic society only to the extent that they are not incompatible with the purpose and
reason underlying those rights.
95
Art. 19(6): “Any instance in which the rights established in paragraph a) of Article 8 and in Article 13 are violated by
action directly attributable to a State Party to this Protocol may give rise, through participation of the Inter-American
Commission on Human Rights and, when applicable, of the Inter-American Court of Human Rights, to application of
the system of individual petitions governed by Article 44 through 51 and 61 through 69 of the American Convention
on Human Rights.
Art. 2: “Obligation to Enact Domestic Legislation. If the exercise of the rights set forth in this Protocol is not already
guaranteed by legislative or other provisions, the States Parties undertake to adopt, in accordance with their
constitutional processes and the provisions of this Protocol, such legislative or other measures as may be necessary
for making those rights a reality.”
96
Art. 3: ”Obligation of Non-discrimination. The State Parties to this Protocol undertake to guarantee the exercise of
the rights set forth herein without discrimination of any kind for reasons related to race, color, sex, language, religion,
political or other opinions, national or social origin, economic status, birth or any other social condition.”
Art. 19: ”Means of Protection. 1. Pursuant to the provisions of this article and the corresponding rules to be
formulated for this purpose by the General Assembly of the Organization of American States, the States Parties to
this Protocol undertake to submit periodic reports on the progressive measures they have taken to ensure due respect
for the rights set forth in this Protocol.”
97
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