100. Regarding the scope of Article 26 of the American Convention in relation to Articles 1(1) and
2 thereof, this Court has understood that the Convention incorporates the so-called economic,
social, cultural and environmental rights (ESCER) into its catalog of protected rights, derived from
the norms recognized in the Charter of the Organization of American States (OAS), as well as the
rules of interpretation set forth in Article 29 of the Convention. This instrument prevents the
limitation or exclusion of the enjoyment of the rights established in the American Declaration,
including those recognized in domestic law. Likewise, in accordance with a systematic, teleological
and evolving interpretation, the Court has drawn on the international and national corpus iuris on
the matter to give specific content to the scope of the rights protected by the Convention, in order
to determine the scope of the specific obligations of each right. 105
101. Accordingly, the Court uses the sources, principles and criteria of the international corpus
iuris as special applicable norms to determine the content of the ESCER protected by Article 26 of
the Convention. The Court has also indicated that the aforementioned norms are used to
determine the rights in question as a complement to the provisions of the Convention. Thus, it
has repeatedly affirmed that it is not assuming jurisdiction over treaties in which it has none; nor
is it granting conventional rank to norms contained in other national or international instruments
related to ESCER. 106 On the contrary, the Court makes an interpretation in accordance with the
guidelines set forth in Article 29 and in line with its case law, which allows it to update the
significance of the rights derived from the OAS Charter that are recognized by Article 26 of the
Convention.
102. Moreover, in determining the content and scope of the ESCER involved, the Court gives
special emphasis to the American Declaration, since, as this Court has established:
[…][T]he member states of the Organization have signaled their agreement that the Declaration
contains and defines the fundamental human rights referred to in the Charter. Thus, the Charter
of the Organization cannot be interpreted and applied as far as human rights are concerned
without relating its norms, consistent with the practice of the organs of the OAS. 107
103. The Court also reiterates that human rights treaties are living instruments, the interpretation
of which must evolve with the times and with current living conditions. This evolutive
interpretation is consistent with the general rules of treaty interpretation established in Article 29
of the American Convention, and in the Vienna Convention. Furthermore, the third paragraph of
Article 31 of the Vienna Convention authorizes the use of interpretative means such as agreements
or the relevant rules or practice of international law that States have expressed on the subject
matter of the treaty, which are some of the methods related to an evolving view of the Treaty.
Thus, in order to determine the scope of the rights derived from the economic, social, educational,
scientific and cultural norms contained in the OAS Charter, the Court refers to the relevant
instruments of the international corpus iuris. 108
105
Cf. Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and costs. Judgment of August
31, 2017. Series C No. 340, para. 141 to 149, and Case of Vera Rojas et al. v. Chile, supra, para. 95.
106
Cf. Case of the Pacheco Tineo Family v. Bolivia. Preliminary objections, merits, reparations and costs. Judgment
of November 25, 2013. Series C No. 272, para. 143, and Case of the Miskito Divers (Lemoth Morris et al.) v. Honduras.
Judgment of August 31, 2021. Series C No. 432, para. 63.
107
Interpretation of the American Declaration of the Rights and Duties of Man, in the context of Article 64 of the
American Convention on Human rights. Advisory Opinion OC-10/89 of July 14, 1989. Series A No. 10, para. 43.
108
Cf. The Right to Information on Consular Assistance within the Framework of the Guarantees of Due Legal
Process. Advisory Opinion OC-16/99 of October 1, 1999. Series A No. 16, para. 114, and Case of the Miskito Divers
(Lemoth Morris et al.) v. Honduras, supra, para. 65.
30