9 “Progressive Development. 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, by legislation or other appropriate means and subject to available resources, the full realization of the rights derived from 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.” In this regard, attention should be drawn to the fact that: a) First, this provision establishes a State obligation of action, and not of result, which is “to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights” mentioned. Thus, it does not “recognize” rights; rather it establishes the obligation of the States to achieve certain rights progressively, precisely because they are not fully effective. b) Second, this provision refers to “rights derived from the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States”; in other words, rights that emanate from or can be inferred from the provisions of the latter and not that it establishes or recognizes. c) Third, the said provision makes compliance with this obligation of action “subject to available resources,” which reinforces the idea that this is not an obligation of result. d) And, lastly, the said Article 26 indicates the means to comply with the obligation of action that it establishes: namely “by legislation or other appropriate means.” Thus – and as its title indicates – the article refers to the “Progressive Development” of the said rights which, although it concurs with the obligation established in Article 2 of the Convention,47 evidently does not constitute, in any way, grounds for asserting that it is possible to submit a case to the Court that involves the presumed violation of any of the rights to which the article refers. Consequently, it is plain that the said rights are different from those regulated by the Convention in its Articles 3 to 25 cited above – that is the “civil and political rights” – and are therefore subject to a different protection regime. B. Preparatory work48 It should be noted that during the Specialized Inter-American Conference on Human Rights at which the final text of the Convention was adopted, “[f]ollowing some discussions in which some of the previous positions were reiterated without reaching a consensus and, in none of which, it was proposed to include the economic, social and cultural rights in the protection regime established for the civil and political rights, a chapter was drafted with two articles.”49 As a result of the respective vote, the first was included in the final text of the Convention, as Article 26. The “Domestic Legal Effects. Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.” 47 Art. 32 of the Vienna Convention on the Law of Treaties: “Supplementary means of interpretation. Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: 48 (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable.” Concurring opinion of Judge Alberto Pérez Pérez, Case of Gonzales Lluy et al. v. Ecuador, Judgment of September 1, 2015 (Preliminary objections, merits, reparations and costs). 49

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