primacy of the text; in other words, the application of objective interpretation criteria. 69
Thus, in a text concerning human rights, the appropriate method involves an interpretation
based on objective criteria related to the text itself, as opposed to subjective criteria
relating merely to the intention of the parties, because such treaties are not traditional
multilateral treaties concluded on the basis of a reciprocal exchange of rights for the benefit
of the contracting parties; rather, their object and purpose are the protection of human
rights before the State and before other States.70
78.
In this regard, the Court considers that the ordinary meaning that should be given to
the rule established in Article 26 of the Convention is that the States undertook to realize
“rights” derived from the economic, social, educational, scientific and cultural rights set
forth in the Charter of the Organization of American States (hereinafter “the OAS Charter”).
Accordingly, the Court notes that, even though the OAS Charter establishes “principles” and
“goals” aimed at comprehensive development, it also refers to certain “rights” both explicitly
and implicitly. In this way, from a literal interpretation of the text of Article 26, it can be
affirmed that it refers precisely to the obligation of the States to achieve the realization of
the “rights” that it is possible to derive from the OAS Charter. The text of the provision
should be interpreted in such a way that its terms acquire meaning and a specific
significance, which, in the case of Article 26, means understanding that the States agreed to
adopt measures in order to fully realize the “rights” recognized in the OAS Charter.
79.
Furthermore, the Court considers that the mention in Article 26 that the States
undertake “to adopt measures,” “with a view to achieving progressively […] the full
realization of the rights” derived from the OAS Charter should be understood as a
formulation referring to the nature of the obligation that emanates from this norm, and not
to the inexistence of State obligations, strictly speaking. The Court recalls that obligations
exist – worded in similar terms to Article 26 – that are recognized in other articles of the
Convention, without any dispute as to whether these impose obligations that can be
enforced at the international level. In particular, the Court recalls that Article 2 of the
Convention recognizes the existence of the programmatic commitment of the States to
adopt “such legislative or other measures as may be necessary to give effect to th[e] rights
and freedoms” recognized by the Convention, which has led the Court to assess in its case
law whether the State has complied with the adoption of such “measures.”71
80.
In this regard, the Court agrees with the interpretation made by the Committee on
Economic, Social and Cultural Rights (hereinafter “the CESCR”) of the scope and nature of
Article 2(1) of the International Covenant on Economic, Social and Cultural Rights
(hereinafter “ICESCR”). This article establishes the undertaking of each State Party “to take
steps, individually and through international assistance and co-operation, especially
economic and technical, to the maximum of its available resources, with a view to achieving
progressively the full realization of the rights recognized in the present Covenant by all
appropriate means, including particularly the adoption of legislative measures.”72 The
CESCR has interpreted that, while the ICESCR “provides for progressive realization of the
Cf. Restrictions to the Death Penalty (Arts. 4.2 and 4.4 American Convention on Human Rights). Advisory
Opinion OC-3/83 of September 8, 1983. Series A No. 3, para. 50.
69
Cf. Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999. Series C No. 54,
para. 42, and Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs. Judgment of September
15, 2005. Series C No. 134, para. 104.
70
Cf. Case of "The Last Temptation of Christ" (Olmedo Bustos et al.) v. Chile. Merits, reparations and costs.
Judgment of February 5, 2001. Series C No. 73, para. 90, and Case of Tarazona Arrieta et al. v. Peru. Preliminary
objection, merits, reparations and costs. Judgment of October 15, 2014. Series C No. 286, para. 169.
71
72
International Covenant on Economic, Social and Cultural Rights, Article 2(1).
27