ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA
OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS “PROTOCOL OF SAN SALVADOR”
doms, 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 special 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 14Right 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 the 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 ensure the full development of their
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