-3rights implicit in the economic, social, educational, scientific, and cultural standards set forth in
the Charter of the Organization of American States as amended by the Protocol of Buenos
Aires “to the extent permitted by the available resources.” The text of the article is absolutely
clear, and also its context. This interpretation is corroborated by the subsequent agreements
between the parties and by their subsequent conduct. Also, the background information on the
article confirm this fully.
A. Rules for the interpretation of treaties
10.
According to the general rule of interpretation contained in Article 31 of the Vienna
Convention of the Law of Treaties, “1. A treaty shall be interpreted in good faith in accordance
with the ordinary meaning to be given to the terms of the treaty in their context and in the
light of its object and purpose.” The context comprises, among other elements, the preamble
to the treaty, and “together with the context” any subsequent agreements and practice shall
be taken into account:
(a) any subsequent agreement between the parties regarding the interpretation of
the treaty or the application of its provisions, and
(b) any subsequent practice in the application of the treaty which establishes the
agreement of the parties regarding its interpretation.
11.
Also, “recourse may be had to supplementary means of interpretation, including the
preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the
meaning resulting from the application of article 31.”3
12.
The Inter-American Court’s case law, interpreted correctly, does not support a position
contrary to the one described. At times, the case of Acevedo Buendía is cited to support the
thesis that Article 26 recognizes economic, social and cultural rights as such, but an analysis
of that judgment reveals that this is not so.
B. The Protocol of San Salvador as an application of Articles 31 and 77
and as a subsequent agreement or subsequent practice
13.
Regarding the economic, social and cultural rights, the States Parties have, indeed,
followed the path of Article 77, in the Protocol of San Salvador (adopted on November 17,
1988, and entered into force on November 16, 1999). This Protocol:
a)
Proclaims “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” (Preamble, third paragraph).
b)
Recognizes numerous economic, social and cultural rights: the right to work
and to just, equitable and satisfactory working conditions; trade union rights; the right to
social security; the right to health; the right to a healthy environment; the right to food, the
right to education; the right to benefits of culture; the right to the formation and protection
3
Supplementary means may also be used “to determine the meaning when the interpretation according to
article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or
unreasonable,” although that is not the case here.
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