B.1. The justiciability of economic, social, cultural and environmental rights 75. The Court will proceed to interpret Article 26 of the Convention and its relationship to Articles 1(1), 2, 62 and 63 of the American Convention, in order to decide the following: (i) whether Article 26 recognizes rights; (ii) the scope of State obligations in relation to these rights, and (iii) whether the Court has competence to examine violations of such rights. To this end, the Court will have recourse to the Vienna Convention on the Law of Treaties (hereinafter “the Vienna Convention”), which contains the general and customary rules for the interpretation of international treaties which call for the simultaneous and joint application of good faith and the ordinary meaning to be given to the terms of the treaty in their context and in light of its object and purpose. Thus, in keeping with its consistent jurisprudence, the Court will use the interpretation methods stipulated in Articles 31 and 32 of the Vienna Convention to make this interpretation.66 The Court will also use, as appropriate, the rules of interpretation that can be understood from Article 29 of the American Convention.67 B.1.1. Literal interpretation 76. First, the Court must make an interpretation based on the ordinary meaning of the terms set out in Article 26 of the Convention which stipulates the following: 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, subject to available resources, 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. 77. The Court recalls that, according to the Vienna Convention, treaties must be interpreted “in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.”68 Likewise, the Court has established that this method of interpretation adheres to the principle of the Cf. Gender Identity, and Equality and Non-Discrimination with regard to Same-sex Couples (State obligations concerning change of name, gender identity, and rights derived from a relationship between same-sex couples (interpretation and scope of Articles 1(1), 3, 7, 11(2), 13, 17, 18 and 24, in relation to Article 1, of the American Convention on Human Rights). Advisory Opinion OC-24/17 of November 24, 2017. Series A No. 24, para. 55; The Environment and Human Rights (State obligations in relation to the environment in the context of the protection and guarantee of the rights to life and to personal integrity: interpretation and scope of Articles 4(1) and 5(1) in relation to Articles 1(1) and 2 of the American Convention on Human Rights). Advisory Opinion OC-23/17 of November 15, 2017. Series A No. 23, para. 40; Case of the Workers of Hacienda Brasil Verde v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of October 20, 2016. Series C No. 318, para. 246; Case of Artavia Murillo et al. (“In vitro fertilization") v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of Novembre 28, 2012. Series C No. 257, para. 173, and Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of November 16, 2009. Series C No. 205, para. 32. 66 Article 29 of the Convention establishes: “Restrictions Regarding Interpretation: No provision of this Convention shall be interpreted as: (a) permitting any State Party, group, or person to suppress the enjoyment or exercise of the rights and freedoms recognized in this Convention or to restrict them to a greater extent than is provided for herein; (b) restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue of another convention to which one of the said states is a party; (c) precluding other rights or guarantees that are inherent in the human personality or derived from representative democracy as a form of government, or (d) excluding or limiting the effect that the American Declaration of the Rights and Duties of Man and other international acts of the same nature may have.” 67 68 Vienna Convention on the Law of Treaties, Article 31.1. 26