26
Court. In this regard the Court indicates as sources136 Articles (3)(j)137, 45(b) 138, 45(h) 139 and 46 140
of the OAS Charter.
76.
As may easily be deduced from such provisions, strictly speaking these do not establish the
right to social security, but rather the obligation of the respective State to make the “greatest efforts”
to “apply” the aforementioned “principles and “mechanisms.” Thus, the right to social security “would
be derived” form the latter, and therefore would not be “recognized” by or “enshrined” in the OAS
Charter, and even less so in the Convention.
77.
It should also be emphasized that the standards set forth in the OAS Charter cited in the
Judgment are included in Chapter VII of that international legal instrument, entitled “Integral
Development,” and that its first article, Article 30,141 considers such development as an objective to
be achieved through compliance with the rules that follow. Likewise, it should be pointed out that
the other provisions of this Chapter reaffirm the notion that these are “intentions” that the States
undertake to achieve, and not rights subject to international adjudication.
78.
Therefore, having regard to the foregoing, it is not possible to conclude, from the provisions
contained in Article 26 of the Convention and in the OAS Charter, that the right to social security
would be internationally justiciable before the Court.
CONCLUSION
79.
As may be inferred from all the foregoing arguments concerning the interpretation of Article
26 made in the Ruling, such interpretation ostensibly departs from one that would result from the
proper application of the rules of treaty interpretation established in the Vienna Convention and,
therefore, leads to a result that was never desired or envisaged in the Convention.
136
137
Para. 172.
“The American States reaffirm the following principles: (j) Social justice and social security are bases of lasting peace.”
“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: …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.”
138
139
“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: h) [d] evelopment of an efficient social security policy.”
“The Member States recognize that, in order to facilitate the process of Latin American regional integration, it is
necessary to harmonize the social legislation of the developing countries, especially in the labor and social security fields, so
that the rights of the workers shall be equally protected, and they agree to make the greatest efforts possible to achieve this
goal.”
140
“The Member States, inspired by the principles of inter-American solidarity and cooperation, pledge themselves to a
united effort to ensure international social justice in their relations and integral development for their peoples, as conditions
essential to peace and security. Integral development encompasses the economic, social, educational, cultural, scientific, and
technological fields through which the goals that each country sets for accomplishing it should be achieved.”
141