10 second, which would have been Article 27, established: “Control of Compliance with Obligations. The States Parties shall forward the Inter-American Commission on Human Rights a copy of the reports that, in their respective areas, the Executive Committees of the Inter-American Economic and Social Council and the Inter-American Council for Education, Science and Culture submit each year so that the Commission may verify compliance with the preceding obligations, that are essential for the exercise of the other rights established in this Convention.” It should be noted that the proposal for the said Article 27 distinguished between “the preceding obligations,” obviously in Article 26, and “the other rights established in this Convention.” It should also be recalled that the said article was, however, eliminated; from which it can be concluded that, at no time, were the economic, social and cultural rights that “derive” from the provisions of the OAS Charter, including the right to job security, included under the protection regime for the civil and political rights “recognized” in the Convention. C. The rights derived from the economic, social, educational, scientific and cultural provisions contained in the OAS Charter The judgment cited Articles 45(b) and (c),50 4651 and 34(g)52 of the OAS Charter to rule on the right to work and, more specifically, on the right to job security. However, these provisions establish either “principles and mechanisms” to “achieve the full realization of [man’s] aspirations within a just social order, along with economic development and true peace,” or a “goal” “to facilitate the process of Latin American regional integration,” or “basic goals” to achieve “basic objectives of integral development”; and, in all these hypotheses, they established an obligation of conduct that is expressed in devoting the “utmost efforts” to achieve the said goals. In other words, strictly speaking, these provisions do not establish rights, but rather the obligation of the respective State to devote its “utmost efforts” to achieve the goal of economic development and peace, Latin American integration or comprehensive development, as appropriate. Consequently, and also based on the general wording used in the OAS Charter to refer to the matters addressed in the said provisions, it can be concluded that they are considered to be “goals” or “objectives” to achieve or as “principles and mechanisms” to be followed, rather than rights that the individual can judicialize internationally. Furthermore, it should be pointed out that the provisions of the OAS Charter cited in the judgment are placed in Chapter VII of this international legal instrument, which is entitled “Integral “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: 50 […] 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; “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.” 51 “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: …. g) Fair wages, employment opportunities, and acceptable working conditions for all.” 52

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