recognized that both categories of rights should be understood integrally and indivisibly as
human rights, without any hierarchy between them, enforceable in all cases before the
competent authorities.83 Similarly, the Court notes that the Preamble to the Convention,84
as well as various articles of the American Declaration, reveal that both civil and political
rights, and ESCER were recognized by the States in the region as essential rights of the
individual. Likewise, the Preamble to the Additional Protocol to the American Convention on
Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador”
(hereinafter “Protocol of San Salvador”) recognizes:
the close relationship that exists between economic, social and cultural rights, and
civil and political rights, in that the different categories of rights constitute an
indivisible whole based on the recognition of the dignity of the human person, for
which reason both require permanent protection and promotion if they are to be
fully realized, and the violation of some rights in favor of the realization of others
can never be justified.
86.
In this Court’s opinion, the interdependence and indivisibility of the rights recognized
by the American Convention denies any separation, categorization or hierarchy between
rights for the effects of their respect, protection and guarantee. This condition refers not
only to the recognition of the ESCER as human rights protected by Article 26, but also to
aspects relating to the competence of this Court to examine violations of such rights based
on this article. In this regard, the Court recalls that, based on Articles 62 and 63 of the
Convention, it exercises full jurisdiction over all its articles and provisions and these include
Article 26. Also, complementing this, the Court recalls that, as any other organ with
jurisdictional functions, it has the inherent authority to determine the scope of its own
competence (compétence de la compétence) and, also, “that the Court must take into
account that the instruments accepting the optional clause on obligatory jurisdiction (Article
62(1) of the Convention) presuppose the acceptance by the States that present them of the
right of the Court to decide any dispute relating to its jurisdiction.”85
87.
Despite the foregoing, the Court recognizes that a systematic interpretation of Article
26 of the Convention signifies respecting the limits of the Court’s jurisdiction in relation to
other instruments of the inter-American system that refer to the ESCER. In this regard, the
Court notes the tensions that may exist as regards the Court’s competence to examine
violations of rights derived from the OAS Charter, by application of Articles 26, 1(1), 2, 62
and 63 of the Convention, and the competence recognized by Article 19(6) of the Protocol of
of May 21. 2013. Series C No. 261, para. 131, and Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections,
merits, reparations and costs. Judgment of September 1, 2015. Series C No. 298, para. 172.
Cf. Case of Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller’s Office”) v.
Peru. Preliminary objection, merits, reparations and costs. Judgment of July 1, 2009. Series C No. 198, para. 101,
and Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C No.
349, para. 100.
83
The Preamble to the Convention establishes: “Reaffirming their intention to consolidate in this hemisphere,
within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the
essential rights of man; […] Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal of
free men enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may
enjoy his economic, social, and cultural rights, as well as his civil and political rights; and Considering that the Third
Special Inter-American Conference (Buenos Aires, 1967) approved the incorporation into the Charter of the
Organization itself of broader standards with respect to economic, social, and educational rights and resolved that an
inter-American convention on human rights should determine the structure, competence, and procedure of the organs
responsible for these matters.”
84
Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999. Series C No. 54, paras.
32 and 34, and Case of García Prieto et al. v. El Salvador. Preliminary objection, merits, reparations and costs.
Judgment of November 20, 2007. Series C No. 168, para. 38.
85
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