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second, which would have been Article 27, established: “Control of Compliance with Obligations.
The States Parties shall forward the Inter-American Commission on Human Rights a copy of the
reports that, in their respective areas, the Executive Committees of the Inter-American Economic
and Social Council and the Inter-American Council for Education, Science and Culture submit each
year so that the Commission may verify compliance with the preceding obligations, that are
essential for the exercise of the other rights established in this Convention.”
It should be noted that the proposal for the said Article 27 distinguished between “the preceding
obligations,” obviously in Article 26, and “the other rights established in this Convention.” It
should also be recalled that the said article was, however, eliminated; from which it can be
concluded that, at no time, were the economic, social and cultural rights that “derive” from the
provisions of the OAS Charter, including the right to job security, included under the protection
regime for the civil and political rights “recognized” in the Convention.
C. The rights derived from the economic, social, educational, scientific and cultural
provisions contained in the OAS Charter
The judgment cited Articles 45(b) and (c),50 4651 and 34(g)52 of the OAS Charter to rule on the
right to work and, more specifically, on the right to job security. However, these provisions
establish either “principles and mechanisms” to “achieve the full realization of [man’s] aspirations
within a just social order, along with economic development and true peace,” or a “goal” “to
facilitate the process of Latin American regional integration,” or “basic goals” to achieve “basic
objectives of integral development”; and, in all these hypotheses, they established an obligation
of conduct that is expressed in devoting the “utmost efforts” to achieve the said goals.
In other words, strictly speaking, these provisions do not establish rights, but rather the obligation
of the respective State to devote its “utmost efforts” to achieve the goal of economic development
and peace, Latin American integration or comprehensive development, as appropriate.
Consequently, and also based on the general wording used in the OAS Charter to refer to the
matters addressed in the said provisions, it can be concluded that they are considered to be
“goals” or “objectives” to achieve or as “principles and mechanisms” to be followed, rather than
rights that the individual can judicialize internationally.
Furthermore, it should be pointed out that the provisions of the OAS Charter cited in the judgment
are placed in Chapter VII of this international legal instrument, which is entitled “Integral
“The 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:
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[…] 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;
“The Member States recognize that, in order to facilitate the process of Latin American regional integration, it is
necessary to harmonize the social legislation of the developing countries, especially in the labor and social security fields,
so that the rights of the workers shall be equally protected, and they agree to make the greatest efforts possible to
achieve this goal.”
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“The 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.”
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