scientific, and cultural standards set forth in the Charter of the” OAS; in other
words, rights that can be understood or inferred from 56 the latter’s provisions;
iii. ergo, it unambiguously does not recognize the rights referred to and does not
ensure their exercise, as the Convention does [in the case of the civil and political
rights];
iv. it does not make such rights effective or enforceable, because if it had wished to
do so, it would have stated this directly and without any ambiguity; in other
words, contrary to the Court’s case law, there is no “reference with a sufficient
degree of specificity to the right to just and satisfactory working conditions to
derive their existence and implicit recognition in the OAS Charter.”57
v. to the contrary, it establishes an obligation for action and not for results,
consisting in the States Parties to the Convention undertaking “to adopt
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 rights” mentioned, a mandate that
the judgment does not observe; and
vi. it indicates that the obligation of conduct that it establishes must be complied
with “by legislation or other appropriate means and subject to available
resources,” which not only reinforces the lack of effectiveness of such rights, but
conditions the possibility of complying with this obligation to the existence of the
resources that the pertinent State has available for this and to the cooperation
of other States.
“Inferir: Deducir algo o sacarlo como conclusión de otra cosa”, Idem.
Case of the Workers of the Fireworks Factory of Santo Antônio de Jesus v. Brazil. Preliminary objections,
merits, reparations and costs. Judgment of July 15, 2020. Series C No. 407, para. 155.
56
57