7 American States, those “recognized” by State laws or other conventions and others “inherent to the human being or derived from representative democratic government” should be excluded from this judicialization. Evidently, those rights cannot be judicialized before the Court because their source is a treaty or source of international law other than the Convention. Since they are not part of the category of rights “recognized” in the Convention, the right to work and the right to job security cannot be judicialized before the Court, with the exception, as regards the former, but only in relation to the specific matters established in the Protocol of San Salvador. D. Extension of the protection system to other rights However, the fact that a right is not “recognized” in the Convention does not prevent it from being included among the rights that may be invoked before the Court. To this end, it would be necessary to adopt a protocol that established this.36 Indeed, Article 31 of the Convention, in connection with Articles 76(1) and 77(1)37 of this instrument, expressly establishes that “other rights and freedoms may be included in the system of protection of this Convention” based on the normative function with regard to the Convention which is exercised by its States Parties. Accordingly, that area is implicitly prohibited to the Court, which therefore cannot include the right to job security among the rights that may be judicialized before it. If it does so, it is evidently exceeding its powers. Indeed, and contrary to what may be deduced from the judgment,38 the authority to determine its own competence, pursuant to the principle of “kompetenz-kompetenz,” does not authorize the Court to violate the principle of public law that it is only possible to do what the law permits or stipulates. E. The Protocol of San Salvador As already noted, the judicialization, even though partial, of the right to work occurred, precisely, with the 1988 “Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, Protocol of San Salvador,” which was adopted under the provisions of Articles 76(1) and 77(1) of the Convention; that is, “for the purpose of gradually incorporating other rights and freedoms into the protective system thereof,” as expressly indicated in its Preamble.39 This Protocol “recognizes”40 the right to work (Art. 6), the right to just, equitable, and satisfactory conditions of work (Art. 7), trade union rights (Art. 8), the right to social security (Art. 9), the right to health (Art. 10), the right to a healthy environment (Art. 11), the right to food (Art. 12), the right to education (Art. 13), the right to the benefits of culture (Art. 14), the right to the The possibility also exists that protocols are signed that do not involve the incorporation of rights into the protection system. Thus, for example, the 1990 Protocol to the American Convention on Human Rights to Abolish the Death Penalty, was adopted because, according to its sixth preambular paragraph “an international agreement must be arrived at that will entail a progressive development of the American Convention on Human Rights.” 36 37 Footnote 14. 38 Para. 142. Preambular paragraph 7: “Considering that the American Convention on Human Rights provides that draft additional protocols to that Convention may be submitted for consideration to the States Parties, meeting together on the occasion of the General Assembly of the Organization of American States, for the purpose of gradually incorporating other rights and freedoms into the protective system thereof, Have agreed upon the following Additional Protocol to the American Convention on Human Rights “Protocol of San Salvador.” 39 Art. 1 of the Protocol of San Salvador: “Obligation to Adopt Measures. The States Parties to this Additional Protocol to the American Convention on Human Rights undertake to adopt the necessary measures, both domestically and through international cooperation, especially economic and technical, to the extent allowed by their available resources, and taking into account their degree of development, for the purpose of achieving progressively and pursuant to their internal legislations, the full observance of the rights recognized in this Protocol.” 40