ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA
OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS “PROTOCOL OF SAN SALVADOR”
4. The specialized organizations of the interAmerican 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 the 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 protec-
tion 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 an 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 or expand
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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