international arena, which is a positive development. The mere fact that a given objective is beneficial and desirable, however, does not authorize a court to disregard the regulatory boundaries of its own jurisdiction. The Court, as has been said, has developed major contributions to the protection of human rights based on the application of the pro persona principle, and has done so without overreaching its own area of authority. 11. The Court itself offered an argument in favor of its jurisdiction when it said in this very judgment that it “has cautioned that Articles 45(b) and (c), 46 and 34(g) of the OAS Charter set out provisions that point to the right to work.” 62 The Charter, however, does not confer jurisdiction on this Court. Furthermore, a reading of the text from which this right would allegedly derive reveals that it applies mainly to program provisions. 12. Articles 45(b) and (c), 46 and 34(g), cited in this judgment, cannot be interpreted separately from the chapeau of the chapter on “Integral Development,” that is, Article 30 of the OAS Charter. The article reads: Article 30 “The Member States, inspired by the principles of interAmerican solidarity and cooperation, pledge themselves to a united effort to ensure 63 international social justice in their relations and integral development for their peoples, as conditions essential to peace and security. Integral development encompasses the economic, social, educational, cultural, scientific, and technological fields through which the goals that each country sets for accomplishing it should be achieved.” 64 13. Article 34 reads: Article 34 “Member States agree that equality of opportunity, the elimination of extreme poverty, equitable distribution of wealth and income and the full participation of their peoples in decisions relating to their own development are, among others, basic objectives of integral development. To achieve them, they likewise agree to devote their utmost efforts to accomplishing the following basic goals: […] g) Fair wages, employment opportunities, and acceptable working conditions for all [...]. 65 14. Article 45 reads: Article 45 “Member States, convinced that man can only achieve the full realization of his aspirations within a just social order, along with economic development and true peace, agree to dedicate every effort to the application of the following principles and mechanisms: […] b) Work is a right and a social duty, it gives dignity to the one who performs it, and it should be performed under conditions, including a system of fair wages, that ensure life, health, and a decent standard of living for the worker and his family, both during his working years and in his old age, or when any circumstance deprives him of the possibility of working; (c) Employers and workers, both rural and urban, have the right to associate themselves freely for the defense and promotion of their interests, including the right to collective bargaining and the workers’ right to strike, and recognition of the juridical personality of associations and the protection of their freedom and independence, all in accordance with applicable laws[…]. 66 15. It can be held, on this basis, that Article 26 of the Convention contains no subjective rights enforceable before this Court. Instead, it enshrines a 62 63 64 65 66 Cf. Paragraph 97. Emphasis added. Emphasis added. Emphasis added. Emphasis added.