ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA
OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS “PROTOCOL OF SAN SALVADOR”
Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights "Protocol of San Salvador"
Adopted in San Salvador on November 17,
1988 (not yet in force)
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 person, for which reason
they merit 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 favour 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
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.
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.
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