economic, social, educational, scientific and cultural standards contained in the [OAS]
Charter”; in other words, it is a right that has its origin in the latter and not in the
Convention.
45. In summary, the Convention does not “make a direct referral to the economic, social,
educational, scientific, and cultural standards contained in the OAS Charter,” as the
Court’s case law indicates; rather, at the most and as indicated here textually, the
rights in question “may be derived interpretively from Article 26” and “their existence
and recognition” would be “implicit in the Charter.” Therefore, to determine those rights
and consider them, in the terms of the Convention, “recognized,” “established,”
“guaranteed,” or “protected” in or by it – which are the only rights the violation of which
is justiciable before the Court – it would be necessary to interpret the articles of the
OAS Charter that are invoked, derive from them the corresponding rights and consider
them recognized by that treaty – but not expressly, rather only implicitly – an
intellectual exercise that is too far removed from the direct and clear statements of the
Convention with regard to the rights to which it refers to take them into account to
conclude that the latter are included in the Convention.
46. By taking this position, the Court’s case law undoubtedly disregards the literal meaning
of Article 26 and, consequently, does not apply to it, harmoniously, the provisions of
Article 31(1) of the Vienna Convention or, strictly speaking, make an interpretation of
this article. It would seem that, for the Court’s case law, the literal meaning of what
was agreed has no relevance and, therefore, it considers this a mere formality, which
allows it to attribute to that article a meaning and scope that is very far from what the
States expressly agreed, as if, in reality, they had wanted to agree something else,
which, evidently, is totally illogical.
C. Subjective method
47. When trying to take into account the context of the terms of the Convention, it is
necessary to allude to the system established in the Convention in which this is
inserted; which means that:
a) This system is composed of the duties and rights that it establishes, the
organs responsible for ensuring their respect and requiring compliance with
them, and provisions relating to the Convention.65
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
65
“Part III, “General and Transitory Provisions.”
66
Supra, footnote 58.
67
Supra, footnote 50.