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 23

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