The Unsorted BBS Collection/thegreatunsorted.tar/thegreatunsorted/texts/bbs_legal_info/achr-esc.txt

Text File | 1995-01-24 | 27KB | 520 lines

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▓▓▓▓▓▓║                                                                ║░░░▓▓▓▓▓
▓▓▓▓▓▓║ ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS ║░░░▓▓▓▓▓
▓▓▓▓▓▓║      IN THE AREA OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS       ║░░░▓▓▓▓▓
▓▓▓▓▓▓║             Done at San Salvador 17 November 1988              ║░░░▓▓▓▓▓
▓▓▓▓▓▓║                    OAS Treaty Series 69                        ║░░░▓▓▓▓▓
▓▓▓▓▓▓║                                                                ║░░░▓▓▓▓▓
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                                  PREAMBLE

The States Parties to the American Convention on Human Rights "Pact of San
  José, Costa Rica,"

Reaffirming their intention to consolidate in this hemisphere, within the
  framework of democratic institutions, a system of personal liberty and
  social justice based on respect for the essential rights of man;

Recognizing that the essential rights of man are not derived from one's being
  a national of a certain state, but are based upon attributes of the human
  personality, and that they therefore justify international protection in
  the form of a convention reinforcing or complementing the protection
  provided by the domestic law of the American states;

Considering the close relationship that exists between economic, social and
  cultural rights, and civil and political rights, in that the different
  categories of rights constitute an indivisible whole based on the
  recognition of the dignity of the human person, for which reason both
  require permanent protection and promotion if they are to be fully
  realized, and the violation of some rights in favor of the realization of
  others can never be justified;

Recognizing the benefits that stem from the promotion and development of
  cooperation among states and international relations;

Recalling that, in accordance with the Universal Declaration of Human Rights
  and the American Convention on Human Rights, the ideal of free human beings
  enjoying freedom from fear and want can only be achieved if conditions are
  created whereby everyone may enjoy his economic, social and cultural rights
  as well as his civil and political rights;

Bearing in mind that, although fundamental economic, social and cultural
  rights have been recognized in earlier international instruments of both
  world and regional scope, it is essential that those rights be reaffirmed,
  developed, perfected and protected in order to consolidate in America, on
  the basis of full respect for the rights of the individual, the democratic
  representative form of government as well as the right of its peoples to
  development, self-determination, and the free disposal of their wealth and
  natural resources; and

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":

                              Article 1
                      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 cooperation among the States, 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 observation of the rights recognized in this Protocol.

                              Article 2
                 Obligation to enact domestic legislation

  If the exercise of the rights set forth in this Protocol is not already
  guaranteed by legislative or other provisions, the States Parties undertake
  to adopt, in accordance with their constitutional processes and the
  provisions of this Protocol, such legislative or other measures as may be
  necessary for making those rights a reality.

                              Article 3
                    Obligation of nondiscrimination

  The States Parties to this Protocol undertake to guarantee the exercise of
  the rights set forth herein without discrimination of any kind for reasons
  related to race, color, sex, language, religion, political or other
  opinions, national or social origin, economic status, birth or any other
  social condition.

                              Article 4
                    Inadmissibility of restrictions

  A right which is recognized or in effect in a State by virtue of its
  internal legislation or international conventions may not be restricted or
  curtailed on the pretext that this Protocol does not recognize the right or
  recognizes it to a lesser degree.

                              Article 5
                  Scope of restrictions and limitations

  The States Parties may establish restrictions and limitations on the
  enjoyment and exercise of the rights established herein by means of laws
  promulgated for the purpose of preserving the general welfare in a
  democratic society only to the extent that they are not incompatible with
  the purpose or reason underlying those rights.

                              Article 6
                            Right to Work

(1) Everyone has the right to work, which includes the opportunity to secure
  the means for living a dignified and decent existence by performing a
  freely elected or accepted lawful activity.

(2) The States Parties undertake to adopt measures that will make the right to
  work fully effective, especially with regard to the achievement of full
  employment, vocational guidance, and the development of technical and
  vocational training projects, in particular those directed to the disabled.
  The States Parties also undertake to implement and strengthen programs that
  help to ensure suitable family care, so that women may enjoy a real
  opportunity to exercise the right to work.

                              Article 7
            Just, equitable and satisfactory conditions of work

  The States Parties to this Protocol recognize that the right to work to
  which the foregoing article refers presupposes that everyone shall enjoy
  that right under just, equitable and satisfactory conditions, which the
  States Parties undertake to guarantee in their internal legislation,
  particularly with respect to:

 (a) Remuneration which guarantees, as a minimum, to all workers dignified
  and decent living conditions for them and their families and fair and equal
  wages for equal work, without distinction;

 (b) The right of every worker to follow his vocation and to devote himself
  to the activity that best fulfills his expectations and to change
  employment in accordance with the pertinent national regulations;

 (c) The right of every worker to promotion or upward mobility in his
  employment, for which purpose account shall be taken of his qualifications,
  competence, integrity and seniority;

 (d) Stability of employment, subject to the nature of each industry and
  occupation and the causes for just separation. In cases of unjustified
  dismissal, the worker shall have the right to indemnity or to reinstatement
  on the job or to any other benefits provided by domestic legislation;

 (e) Safety and hygiene at work;

 (f) The prohibition of night work or unhealthy or dangerous working
  conditions and, in general, of all work which jeopardizes health, safety or
  morals, for persons under 18 years of age. As regards minors under the age
  of 16, the work day shall be subordinated to the provisions regarding
  compulsory education and in no case shall work constitute an impediment to
  school attendance or a limitation on benefiting from education received;

 (g) A reasonable limitation of working hours, both daily and weekly. The
  days shall be shorter in the case of dangerous or unhealthy work or of
  night work;

 (h) Rest, leisure and paid vacations as well as remuneration for national
  holidays.

                              Article 8
                          trade union rights

(1) The States Parties shall ensure:

 (a) The right of workers to organize trade unions and to join the union of
  their choice for the purpose of protecting and promoting their interests.
  As an extension of that right, the States Parties shall permit trade unions
  to establish national federations or confederations, or to affiliate with
  those that already exist, as well as to form international trade union
  organizations and to affiliate with that of their choice. The States
  Parties shall also permit trade unions, federations and confederations to
  function freely;

 (b) The right to strike.

(2) The exercise of the rights set forth above may be subject only to
  restrictions established by law, provided that such restrictions are
  characteristic of a democratic society and necessary for safeguarding
  public order or for protecting public health or morals or the rights and
  freedoms of others. Members of the armed forces and the police and of other
  essential public services shall be subject to limitations and restrictions
  established by law.

(3) No one may be compelled to belong to a trade union.

                              Article 9
                       Right to social security

(1) Everyone shall have the right to social security protecting him from the
  consequences of old age and of disability which prevents him, physically or
  mentally, from securing the means for a dignified and decent existence. In
  the event of the death of a beneficiary, social security benefits shall be
  applied to his dependents.

(2) In the case of persons who are employed, the right to social security
  shall cover at least medical care and an allowance or retirement benefit in
  the case of work accidents or occupational disease and, in the case of
  women, paid maternity leave before and after childbirth.

                             Article 10
                           Right to health

(1) Everyone shall have the right to health, understood to mean the enjoyment
  of the highest level of physical, mental and social well-being.

(2) In order to ensure the exercise of the right to health, the States Parties
  agree to recognize health as a public good and, particularly, to adopt the
  following measures to ensure that right:

 (a) Primary health care, that is, essential health care made available to
  all individuals and families in the community;

 (b) Extension of the benefits of health services to all individuals subject
  to the State's jurisdiction;

 (c) Universal immunization against the principal infectious diseases;

 (d) Prevention and treatment of endemic, occupational and other diseases;

 (e) Education of the population on the prevention and treatment of health
  problems, and

 (f) Satisfaction of the health needs of the highest risk groups and of
  those whose poverty makes them the most vulnerable.

                             Article 11
                     Right to a healthy environment

(1) Everyone shall have the right to live in a healthy environment and to have
  access to basic public services.

(2) The States Parties shall promote the protection, preservation and
  improvement of the environment.

                             Article 12
                            Right to food

(1) Everyone has the right to adequate nutrition which guarantees the
  possibility of enjoying the highest level of physical, emotional and
  intellectual development.

(2) In order to promote the exercise of this right and eradicate malnutrition,
  the States Parties undertake to improve methods of production, supply and
  distribution of food, and to this end, agree to promote greater
  international cooperation in support of the relevant national policies.

                             Article 13
                          Right to education

(1) Everyone has a right to education.

(2) The States Parties to this Protocol agree that education should be
  directed towards the full development of the human personality and human
  dignity and should strengthen respect for human rights, ideological
  pluralism, fundamental freedoms, justice and peace. They further agree that
  education ought to enable everyone to participate effectively in a
  democratic and pluralistic society and achieve a decent existence and
  should foster understanding, tolerance and friendship among all nations and
  all racial, ethnic or religious groups and promote activities for the
  maintenance of peace.

(3) The States Parties to this Protocol recognize that in order to achieve the
  full exercise of the right to education:

 (a) Primary education should be compulsory and accessible to all without
  cost;

 (b) Secondary education in its different forms, including technical and
  vocational secondary education, should be made generally available and
  accessible to all by every appropriate means, and in particular, by the
  progressive introduction of free education;

 (c) Higher education should be made equally accessible to all on the basis
  of individual capacity, by every appropriate means, and in particular, by
  the progressive introduction of free education;

 (d) Basic education should be encouraged or intensified as far as possible
  for those persons who have not received or completed the whole cycle of
  primary instruction;

 (e) Programs of social education should be established for the handicapped,
  so as to provide special instruction and training to persons with physical
  disabilities or mental deficiencies.

(4) In conformity with the domestic legislation of the States Parties, parents
  should have the right to select the type of education to be given to their
  children, provided that it conforms to the principles set forth above.

(5) Nothing in this Protocol shall be interpreted as a restriction of the
  freedom of individuals and entities to establish and direct educational
  institutions in accordance with the domestic legislation of the States
  Parties.

                             Article 14
                    Rights to the benefits of culture

(1) The States Parties to this Protocol recognize the right of everyone:

 (a) To take part in the cultural and artistic life of the community;

 (b) To enjoy the benefits of scientific and technological progress;

 (c) To benefit from the protection of moral and material interests deriving
  from any scientific, literary or artistic production of which he is the
  author.

(2) The steps to be taken by the States Parties to this Protocol to ensure the
  full exercise of this right shall include those necessary for the
  conservation, development and dissemination of science, culture and art.

(3) The States Parties to this Protocol undertake to respect the freedom
  indispensable for scientific research and creative activity.

(4) The States Parties to this Protocol recognize the benefits to be derived
  from the encouragement and development of international cooperation and
  relations in the fields of science, arts and culture, and accordingly agree
  to foster greater international cooperation in these fields.

                             Article 15
             Right to the formation and protection of families

(1) The family is the natural and fundamental element of society and ought to
  be protected by the State, which should see to the improvement of its
  spiritual and material conditions.

(2) Everyone has the right to form a family, which shall be exercised in
  accordance with the provisions of the pertinent domestic legislation.

(3) The States Parties hereby undertake to accord adequate protection to the
  family unit and in particular:

 (a) To provide special care and assistance to mothers during a reasonable
  period before and after childbirth;

 (b) To guarantee adequate nutrition for children at the nursing stage and
  during school attendance years;

 (c) To adopt special measures for the protection of adolescents in order to
  insure the full development of their physical, intellectual and moral
  capacities;

 (d) To undertake special programs of family training so as to help create a
  stable and positive environment in which children will receive and develop
  the values of understanding, solidarity, respect and responsibility.

                             Article 16
                          Rights of children

  Every child, whatever his parentage, has the right to the protection that
  his status as a minor requires from his family, society and the State.
  Every child has the right to grow under the protection and responsibility
  of his parents; save in exceptional, judicially-recognized circumstances, a
  child of young age ought not to be separated from his mother. Every child
  has the right to free and compulsory education, at least in the elementary
  phase, and to continue his training at higher levels of the educational
  system.

                             Article 17
                         Rights of the elderly

  Everyone has the right to special protection in old age. With this in view
  the States Parties agree to take progressively the necessary steps to make
  this right a reality and, particularly, to:

 (a) Provide suitable facilities, as well as food and specialized medical
  care, foe elderly individuals who lack them and are unable to provide them
  for themselves;

 (b) Undertake work programs specifically designed to give the elderly he
  opportunity to engage in a productive activity suited to their abilities
  and consistent with their vocations or desires.

 (c) Foster the establishment of social organizations aimed at improving the
  quality of life for the elderly.

                             Article 18
                     Protection of the handicapped

  Everyone affected by a diminution of his physical or mental capacities is
  entitled to receive special attention designed to help him achieve the
  greatest possible development of his personality. The states parties agree
  to adopt such measures as may be necessary for this purpose and,
  especially, to:

 (a) Undertake programs specifically aimed at providing the handicapped with
  the resources and environment needed for attaining this goal, including
  work programs consistent with their possibilities and freely accepted by
  them or their legal representatives, as the case may be;

 (b) Provide special training to the families of the handicapped in order to
  help them solve the problems of coexistence and convert them into active
  agents in the physical, mental and emotional development of the latter;

 (c) Include the consideration of solutions to specific requirements arising
  from needs of this group as a priority component of their urban development
  plans;

 (d) Encourage the establishment of social groups in which the handicapped
  can be helped to enjoy a fuller life.

                             Article 19
                         Means of Protection

(1) Pursuant to the provisions of this article and the corresponding rules to
  be formulated for this purpose by the General assembly of the Organization
  of American States, the States Parties to this Protocol undertake to submit
  periodic reports on the progressive measures they have taken to ensure due
  respect for the rights set forth in this Protocol.

(2) All reports shall be submitted to the Secretary General of the OAS, who
  shall transmit them to the Inter-American Economic and Social Council and
  the Inter-American Council for Education, Science and Culture so that they
  may examine them in accordance with the provisions of this article. The
  Secretary General shall send a copy of such reports to the Inter-American
  Commission on Human Rights.

(3) The Secretary General of the Organization of American States shall also
  transmit to the specialized organizations of the inter-American system of
  which the States Parties to the present Protocol are members, copies or
  pertinent portions of the reports submitted, insofar as they relate to
  matters within the purview of those organizations, as established by their
  constituent instruments.

(4) The specialized organizations of the inter-American system may submit
  reports to the Inter-American Economic and Social Council and the Inter-
  American Council for Education, Science and Culture relative to compliance
  with provisions of the present Protocol in their fields of activity.

(5) The annual reports submitted to the General Assembly by the Inter-American
  Economic and Social Council and the Inter-American Council for Education,
  Science and Culture shall contain a summary of the information received
  from the States Parties to the present Protocol and the specialized
  organizations concerning the progressive measures adopted in order to
  ensure respect for the rights acknowledged in the Protocol itself and the
  general recommendations they consider to be appropriate in this respect.

(6) Any instance in which the rights established in paragraph (a) of Article 8
  and in Article 13 are violated by action directly attributable to a State
  Party to this Protocol may give rise, through participation of the Inter-
  American Commission on Human Rights and, when applicable, of the Inter-
  American Court of Human Rights, to application of the system of individual
  petitions governed by Article 44 through 51 and 61 through 69 of the
  American Convention on Human Rights.

(7) Without prejudice to the provisions of the preceding paragraph, the Inter-
  American Commission on Human Rights may formulate such observations and
  recommendations as it deems pertinent concerning the status of the
  economic, social and cultural rights established in the present Protocol in
  all or some of the States Parties, which it may include in its Annual
  Report to the General Assembly or in a special report, whichever it
  considers more appropriate.

(8) The Councils and the Inter-American Commission on Human Rights, in
  discharging the functions conferred upon them in this article, shall take
  into account the progressive nature of the observance of the rights subject
  to protection by this Protocol.

                             Article 20
                            Reservations

  the States Parties may, at the time of approval, signature, ratification or
  accession, make reservations to one or more specific provisions of this
  Protocol, provided that such reservations are not incompatible with the
  object and purpose of the Protocol.

                             Article 21
                  Signature, ratification or accession.
                          Entry into effect

(1) This Protocol shall remain open to signature and ratification or accession
  by any State Party to the American Convention on Human Rights.

(2) Ratification of or accession to this Protocol shall be effected by
  depositing and instrument of ratification or accession with the General
  Secretariat of the Organization of American States.

(3) The Protocol shall enter into effect when eleven States have deposited
  their respective instruments of ratification or accession.

(4) The Secretary General shall notify all the member States of the
  Organization of American States of the entry of the Protocol into effect.

                             Article 22
         Inclusion of other rights and expansion of those recognized

(1) Any State Party and the Inter-American Commission on Human Rights may
  submit for the consideration of the States Parties meeting on the occasion
  of the General Assembly proposed amendments to include the recognition of
  other rights or freedoms or to extend rights or freedoms recognized in this
  Protocol.

(2) Such amendments shall enter into effect for the States that ratify them on
  the date of deposit of the instrument of ratification corresponding to the
  number representing two thirds of the States Parties to this Protocol. For
  all other States Parties they shall enter into effect on the date on which
  they deposit their respective instrument of ratification.


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█ Electronic version prepared by:   The North America Project                 █
█                                   Andrew A. Reding, Director                █
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