b)
Regarding the duties, these are two, namely: the “Obligation to Respect Rights”66 and
the obligation to ensure “Domestic Legal Effects,”67 and with regard to the rights, they are the
“Civil and Political Rights”68 and the “Economic, Social and Cultural Rights.”69
c)
In the case of the organs, these are Commission, the Court and the OAS General
Assembly; the first is responsible for the promotion and defense of human rights, 70 the second,
for interpreting and applying the Convention71 and the third for adopting the necessary
measures to ensure compliance with the pertinent rulings;72
48.
The harmonious interpretation of these provisions reveals that States that have
accepted the Court’s contentious jurisdiction can only be required – in relation to a case that
has been submitted to the Court – to duly respect the civil and political rights “recognized,”
established,” “guaranteed,” or “protected” by the Convention and also, provided it eventually
becomes necessary, to adopt “in accordance with [the] constitutional processes [of the
corresponding State] and the provisions of this Convention, such legislative or other measures
as may be necessary to give effect to those rights or freedoms.”
49.
To the contrary, with regard to the rights derived “from the economic, social,
educational, scientific and cultural standards contained in the [OAS] Charter,” the States can
only be required to adopt, “by legislation or other appropriate means,” “measures both
internally and through international cooperation, especially those of an economic and technical
nature, with a view to achieving progressively […] the full realization” of the said rights, and
this “subject to available resources.”
50.
That said, it is necessary to place on record, with regard to the application of this
method of interpretation, that the OAS Charter incorporated “broader standards with respect
to economic, social, and educational rights,” and that the Convention determined “the
structure, competence, and procedure of the organs responsible for these matters.”73
51.
In other words, it was the Convention itself that, in compliance with this mandate, gave
civil and political rights a differentiated treatment from the economic, social and cultural rights,
expressed, the former, in Chapter II of Part I of the Convention and the latter in Chapter III
of the same part and instrument. Thus, the indivisibility of the civil and political rights and of
66
Supra, footnote 58.
67
Supra, footnote 50.
Part I, Chapter II, arts.3 to 25. Right to recognition of juridical personality (Art. 3), right to life, (Art. 4), right to
personal integrity (Art. 5), freedom from slavery (Art. 6), right to personal liberty (Art. 7), right to a fair trial (Art.
8), freedom from ex-post facto laws (Art. 9), right to compensation (Art. 10), right to privacy (Art. 11), freedom of
conscience and religion (Art. 12), freedom of thought and expression (Art. 13), right of reply (Art. 14), right of
assembly (Art. 15), freedom of association (Art. 16), rights of the family (Art. 17), right to a name (Art. 18), rights
of the child (Art. 19), right to nationality (Art. 20), right to property (Art. 21), freedom of movement and residence
(Art. 22), right to participate in government (Art. 23), right to equal protection (Art. 24) and right to judicial
protection (Art. 25).
68
69
70
71
Supra, para. 32.
Supra, footnote 18.
Supra, footnote 10.
Art. 65: “To each regular session of the General Assembly of the Organization of American States the Court shall
submit, for the Assembly's consideration, a report on its work during the previous year. It shall specify, in particular,
the cases in which a state has not complied with its judgments, making any pertinent recommendations.”
72
73
Preamble to the Convention, para. 5.
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