3 9. This is because the said article refers directly back to the Charter of the Organization of American States. However, from reading the Charter it may be concluded that neither does this text contain a list of clear and precise subjective rights; rather, to the contrary, it contains a list of goals and expectations that the States of the region pursue, which makes it difficult to understand which are the rights that the said Article 26 mentions. In particular, there are few express references to the ESCR and, it is necessary to make a fairly extensive interpretive effort in order to affirm that they are really established in the Charter. 10. Even if it would have been desirable that Article 26 used a less problematic legislative technique, the reality is that it cites the OAS Charter and not the American Declaration, which could have led to a different interpretation, because the Declaration does refer more clearly to the ESCR.6 Unfortunately, this is not the case.7 Thus, the use of the American Declaration in this judgment is “a shortcut,” which is only substantiated by a reference to a 1989 Advisory Opinion. 11. That said, the right to work is one of those rights that could be derived from the Charter, above and beyond the simple reference to the name, 8 because that instrument mentions it expressly. However, the right to work is one thing and job security is quite another, and this reveals the dilemma that arises when the list of rights and their scope are not well defined. In addition, it should not be forgotten that the general obligation of Article 26 of the ACHR permits the Court to monitor compliance with the obligation of progressive development and its consequent obligation of non-retrogressivity, an analysis that was not made in this judgment. 12. In addition, I insist in clarifying that the referral is to the Charter and not to other declarations, treaties or documents of soft law,9 because mentioning them does not rectify or change what is expressly indicated in Article 26 of the ACHR, In other words, referring to “a vast corpus iuris,”10 mentioning treaties of the universal system and regional systems other than the inter-American system, does not change the fact that the referral in Article 26 is to the Charter and to no other instrument, treaty or document of international law. 13. If trying to construct a list of ESCR based on the Charter is a complex interpretive task, using every existing human rights treaties to give content to Article 26 of the ACHR can only create a dynamic of “vis expansiva” [“expansive force”] of the international responsibility of the States. In other words, since there is no definitive list of the ESCR the violation of which generates State responsibility, the States are unable to prevent or redress such violations in the domestic sphere because, simply put, the Inter-American Court may amend the list of rights depending on the case. For example Article XI establishes that: “Every person has the right to the preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care, to the extent permitted by public and community resources.” 6 In this regard, “on the path that should be followed to determine whether a right is implicit in the Charter it is necessary, in our opinion, to avoid the shortcut of directly citing the American Declaration as an instrument that informs the content of the human rights established in the Charter. [And this is taking into account that] Article 26 refers to rights derived from the economic, social, education, scientific and cultural standards set forth in the Charter and does not refer back to the Declaration.” Abramovich, V. and Rossi, J., ‘La Tutela de los Derechos Económicos, Sociales y Culturales en el Artículo 26 de la Convención Americana sobre Derechos Humanos,’ Estudios Socio-Jurídicos, Vol. 9, 2007, p. 47. 7 For example, Article 45(b) of the Charter establishes that: “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.” 8 The discussion on which sources of international law can be used by the Inter-American Court to establish the scope of obligations and rights required of the States is not the main issue of this opinion, but I wish to express my concern owing to the use of documents such as the Agenda 2030 of the United Nations General Assembly (Millennium Goals) as a binding source for the inter-American system. 9 10 Judgment Lagos del Campo v. Peru, para. 145.