by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated.”3 6. For its part, Chapter III of the Convention entitled “Economic, social, and cultural rights” contains a single article, 26, which is entitled “progressive development.” In line with its title, pursuant to the aforementioned provision, “The States Parties undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights 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.4 7. A reading of this provision will find that in contrast to what happens with the civil and political rights identified and developed in Chapter II of the ACHR, here an obligation is established for states party to adopt the “measures”—that is, actions, measures, or public policies—necessary to "progressively" achieve full realization of the rights derived from the norms of the OAS Charter, “subject to available resources” (in line with the progressive nature of the obligation) and "by legislation or other appropriate means.” In other words, each state party has an obligation to be formulating definitions and moving decisively forward on these issues, in accordance with their domestic deliberative procedures. 8. Conceiving of Article 26 of the Convention as a norm referencing all ESCER covered in the OAS Charter ignores the commitment adopted by the states parties. 9. Furthermore, articles 76(1) and 77(1) of the Convention5 provide for a system agreed upon by the states to modify the agreement, either through an amendment or an additional protocol. It was precisely under this provision that the “Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights” of 1988 (hereinafter “the Protocol”) was adopted in order to progressively include other rights and liberties as protected under the Convention. 10. While the aforementioned Protocol recognizes and develops a set of ESCER in its text,6 Article 19(6), entitled Means of Protection, assigns jurisdiction to the Court to hear possible violations only with respect to two rights: the right to organize trade unions and to join a union and the right to education. The provision establishes that if any of the rights “are violated by action directly attributable to a State Party to this Protocol may give rise, through participation of the Inter-American Commission on Human Rights and, when applicable, of the Inter-American Court of Human Rights, to application of the system of individual petitions governed by Article 44 through 51 and 61 through 69 of the American Convention on Human Rights.” 3 Emphasis added. 4 Emphasis added. Article 76(1): “Proposals to amend this Convention may be submitted to the General Assembly for the action it deems appropriate by any State Party directly, and by the Commission or the Court through the Secretary General.” Article 77(1): “In accordance with Article 31, any State Party and the Commission may submit proposed protocols to this Convention for consideration by the States Parties at the General Assembly with a view to gradually including other rights and freedoms within its system of protection.” 5 The right to work, to just, equitable and satisfactory conditions of work, to 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 and the right to the benefits of culture, the right to the formation and protection of families, the rights of the child, protection of the elderly, and protection of the handicapped (sic). 6 2