-8present to the Commission a copy of the reports they send to other international bodies,
agencies or organizations in relation to respect for these rights.
Article 26. (i) The Commission may call the attention of the international cooperation or
technical assistance agencies or any other relevant international body to any matter that arises
from the reports referred to in the preceding articles of this Convention that may assist the said
bodies when ruling, each one within its own terms of reference, on the desirability of adopting
international measures capable of contributing to the progressive application of this Convention.
(ii) The Commission shall ask the said bodies to forward the result of the reviews they carry out,
as well as the measures they adopt on their own initiative based on those reports.
Article 27. The Commission shall consider the reports received from the States, from national
and international entities, and from individuals or groups of individuals and, if it finds it
desirable, may publish the reports it receives, as well as the measures it has adopted or the
requests sent to other entities, in order to allow national and international public opinion to
assess the situation.
Observations of Brazil13
Article 25. The text of the draft should be substituted as follows:
1. The States Parties to this Convention undertake to incorporate progressively into their
domestic law:
a) the rights included in the American Declaration of the Rights and Duties of Man that
have not been included among the rights defined in the preceding articles;
b) the rights and benefits contained in the economic and social norms, and on
education, science and culture established in Articles 31, 43 and 47 of the Charter of the
Organization of American States established by the Protocol of Buenos Aires.
2. The law may exclude public services and essential activities from the right to strike.
Justification
Civil and political rights require an effective jurisdictional protection, at both the domestic and
the international level, against violations perpetrated by the organs of the State or their
representatives. To the contrary, economic, social and cultural rights are included in very diverse
ways and to different degrees by the laws of the different States of the Americas, and although
the Governments wish to recognize all of them, their exercise depends, above all, on the
availability of material resources that permit their implementation. Article 25 of the draft is
inspired by this concept, but its text does not correspond to its intention. The wording of
paragraph 1 is imprecise, and limited to a statement of intention. Meanwhile, paragraph 2, by
reproducing the content of Article 31 of the Protocol of Buenos Aires, forgot the right to strike,
which is already established, with certain limitations, by the domestic law of the States of the
Americas, as are the norms on education, science and culture established in Article 47 of that
Protocol. The purpose of the amendment is to give economic, social and cultural rights the
maximum protection compatible with the specific conditions in most of the States of the
Americas.
20.
Following discussions, during which some of the preceding positions were repeated
without reaching a consensus, and during which it was never proposed to include economic,
social and cultural rights under the protection system established for civil and political rights,
a chapter was drafted with two articles. The first one was the same as Article 26 included in
the final text of the Convention, while the second one established a limited and indirect
13
Proceedings of the Inter-American Specialized Conference on Human Rights, November 7 to 22, 1969,
OEA/Ser.K/XVI/1.2, pp. 124 and 125.
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