1996 ACT 319
Official Journal No. 42,884 of 24 September 1996
By means of which the Additional Protocol to the American Convention on Human Rights in Matters of Economic, Social and Cultural Rights "Protocol of San Salvador", signed in San Salvador on November 17, is approved of 1988.
THE CONGRESS OF COLOMBIA,
Having regard to the text of the Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social and Cultural Rights "Protocol of San Salvador," signed in San Salvador on November 17, 1988.
Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social and Cultural Rights "Protocol of San Salvador".
States Parties to the American Convention on Human Rights "Pact of San José de Costa Rica",
Reaffirming its purpose of consolidating on this continent, within the framework of democratic institutions, a regime of personal freedom and social justice, founded on the respect of human essential human rights; the essential rights of man are not born of the fact of being a national of a certain State, but they are based on the attributes of the human person, which is why they justify an international protection, of a conventional nature intervener or complementary to that provided by the domestic law of the American States;
Considering the close relationship between the validity of economic, social and cultural rights and that of civil and political rights, as the different categories of rights constitute an indissoluble whole its basis in the recognition of the dignity of the human person, for which it demands a permanent protection and promotion in order to achieve its full validity, without ever being able to justify the violation of one for the sake of the realization of others;
Recognising the benefits that derive from the promotion and development of cooperation between States and international relations;
Remembering that, according to the Universal Declaration of Human Rights and the American Convention on Human Rights, only the ideal of the free human being, free of fear and misery, can be realized if conditions are created that allow each person to enjoy their economic, social and cultural rights, as well as their civil and political rights;
Having present that while fundamental economic, social and cultural rights have been recognized in previous international instruments, both universal and regional, it is of great importance that these be reaffirmed, developed, perfected and protected in order to consolidate in America, on the basis of integral respect for the rights of the person, the representative democratic regime of government, as well as the right of its peoples to the development, free determination and free disposal of their natural resources and wealth, and
That the American Convention on Human Rights establishes that they may submit to the consideration of the States Parties, meeting on the occasion of the General Assembly of the Organization of American Rights, additional protocol projects to that Convention in order to progressively include in the regime of protection of it, other rights and freedoms,
Have agreed to the following Additional Protocol to the American Convention on Human Rights "Protocol of San Salvador":
ARTICLE 1o. 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 in internal order and through cooperation between the Parties. States, especially economic and technical, up to the maximum of available resources and taking into account their degree of development, in order to achieve progressively, and in accordance with internal legislation, the full effectiveness of the rights that recognised in this Protocol.
ARTICLE 2o. OBLIGATION TO ADOPT PROVISIONS OF DOMESTIC LAW. If the exercise of the rights set out in this Protocol is no longer guaranteed by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional procedures and the provisions of this Protocol, the legislative or other measures necessary to make such rights effective.
ARTICLE 3o. OBLIGATION OF NON-DISCRIMINATION. The States Parties to this Protocol undertake to ensure the exercise of the rights set forth therein, without any discrimination on the grounds of race, colour, sex, language, religion, opinion policies or any other kind, national or social origin, economic position, birth or any other social conditions.
ARTICLE 4. NO ADMISSION OF RESTRICTIONS. It shall not be restricted or undermined any of the rights recognised or in force in a State under its domestic law or international conventions, on the pretext that the present Protocol does not recognizes or recognizes them to a lesser extent.
ARTICLE 5o. SCOPE OF THE RESTRICTIONS AND LIMITATIONS. States Parties may only establish restrictions and limitations on the enjoyment and exercise of the rights set out in this Protocol, by means of laws enacted in order to preserve the general welfare within a democratic society, insofar as they do not contradict the purpose and reason for them.
1. Everyone has the right to work, which includes the opportunity to obtain the means to lead a dignified and decent life through the performance of a freely chosen or accepted licit activity.
2. The States Parties undertake to adopt measures to ensure the full effectiveness of the right to work, in particular those related to the achievement of full employment, vocational guidance and the development of training projects. technical-professional, particularly those for the disabled. The States Parties also undertake to implement and strengthen programs that contribute to adequate family care, so that women can count on an effective possibility of exercising the right to work.
ARTICLE 7o. FAIR, EQUITABLE AND SATISFACTORY WORKING CONDITIONS. The States Parties to this Protocol recognise that the right to work referred to in the previous Article assumes that everyone enjoys the right to the right to work, fair and satisfactory, for which these States shall ensure in their national legislation, in particular:
(a) A remuneration that ensures at least all workers, decent and decent living conditions for them and their families and equal and equal pay for equal work, without any distinction;
b) The right of every worker to follow his vocation and to engage in the activity that best meets his expectations and to change jobs, in accordance with the respective national regulations;
c) The worker's right to promotion or promotion within his or her work, for which his qualifications, competence, probity and time of service will be taken into account;
d) The stability of workers in their jobs, according to the characteristics of industries and professions and the causes of fair separation. In cases of unjustified dismissal, the worker shall be entitled to compensation or readmission in employment or to any other benefit provided for under national law;
e) Safety and hygiene at work;
(f) The prohibition of night work or in unsanitary or dangerous work for children under 18 years of age and, in general, for any work that may endanger their health, safety or morals. In the case of under-16s, the working day must be subject to the provisions on compulsory education and in no case may it constitute an impediment to school attendance or be a limitation to the benefit of the received instruction;
g) The reasonable limitation of working hours, both daily and weekly. The days shall be shorter in the case of hazardous, unhealthy or night work;
h) Rest, enjoyment of free time, paid holidays, as well as the remuneration of national holidays.
1. The States Parties shall ensure:
(a) The right of workers to organize trade unions and to join in their choice, for the protection and promotion of their interests. As a projection of this right, the States Parties will allow the trade unions to form national federations and confederations and to associate themselves with the existing ones, as well as to form international trade union organizations and to associate themselves with that of their choice. The States Parties shall also allow trade unions, federations and confederations to operate freely;
b) The right to strike.
2. The exercise of the rights set forth above can only be subject to the limitations and restrictions provided for by the law, provided that they are proper to a democratic society, necessary to safeguard public order, for protect public health or morals, as well as the rights and freedoms of others. Members of the armed and police forces, as well as those of other essential public services, will be subject to the limitations and restrictions imposed by the law.
3. No one can be forced to belong to a union.
1. Every person has the right to social security to protect him against the consequences of old age and the incapacity that makes it impossible physically or mentally to obtain the means to lead a dignified and decent life. In case of death of the beneficiary the social security benefits will be applied to their dependents.
2. In the case of persons working, the right to social security shall cover at least the health care and the allowance or retirement in cases of accidents at work or occupational disease and, in the case of women, paid leave for maternity before and after delivery.
1. Every person has the right to health, understood as the enjoyment of the highest level of physical, mental and social well-being.
2. In order to make the right to health effective, States Parties undertake to recognize health as a public good and in particular to adopt the following measures to ensure this right:
a) Primary health care, understanding as such the essential health care provided to all individuals and family members of the community;
b) The extension of the benefits of health services to all individuals subject to the jurisdiction of the State;
c) Total immunization against major infectious diseases;
d) The prevention and treatment of endemic, professional and other diseases;
e) Education of the population on the prevention and treatment of health problems, and
f) The satisfaction of the health needs of the highest-risk groups and that their poverty conditions are more vulnerable.
1. Everyone has the right to live in a healthy environment and to have basic public services.
2. States Parties shall promote the protection, preservation and improvement of the environment.
1. Everyone has the right to adequate nutrition to ensure the highest level of physical, emotional and intellectual development.
2. In order to make this right effective and to eradicate malnutrition, the States Parties undertake to improve the methods of production, supply and distribution of food, for which they undertake to promote greater international cooperation in support of national policies on the subject.
1. Everyone has the right to education.
2. The States Parties to this Protocol agree that education shall be directed towards the full development of human personality and the sense of its dignity and shall strengthen respect for human rights, ideological pluralism, fundamental freedoms, justice and peace. They agree that education must enable all people to participate effectively in a democratic and pluralistic society, to achieve a dignified livelihood, to foster understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups and promote the activities in favor of the maintenance of peace.
3. The States Parties to this Protocol recognise that, in order to achieve the full exercise of the right to education:
a) Primary education must be compulsory and affordable for all free of charge;
(b) Secondary education in its various forms, including technical and vocational secondary education, should be generalised and made accessible to all, by how many means are appropriate, and in particular by the progressive implementation of the free teaching;
(c) Higher education should be made equally accessible to all, on the basis of each other's capacity, by how many means are appropriate, and in particular by the progressive implementation of free education;
(d) Basic education shall be encouraged or intensified, as far as possible, for those persons who have not received or completed the full course of primary education;
e) differentiated teaching programmes for the disabled should be established in order to provide special instruction and training to persons with physical impairments or mental impairments.
4. In accordance with the internal legislation of the States Parties, parents shall have the right to choose the type of education to be given to their children, provided that they conform to the principles set out above.
5. Nothing in this Protocol shall be construed as a restriction on the freedom of individuals and entities to establish and direct educational institutions in accordance with the domestic law of the States Parties.
1. The States Parties to this Protocol recognize the right of every person to:
a) Participate in the cultural and artistic life of the community;
b) To profit from the benefits of scientific and technological progress;
c) To benefit from the protection of the moral and material interests that correspond to the scientific, literary or artistic productions of which it is the author.
2. Measures 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 essential freedom of scientific research and creative activity.
4. The States Parties to this Protocol recognize the benefits arising from the promotion and development of cooperation and international relations in scientific, artistic and cultural matters, and in this respect they undertake to promote greater international cooperation on the subject.
1. The family is the natural and fundamental element of society and must be protected by the State who must ensure the improvement of its moral and material situation.
2. Every person has the right to constitute a family, which he shall exercise in accordance with the provisions of the relevant domestic legislation.
3. The States Parties by this Protocol undertake to provide adequate protection to the family group and in particular to:
a) Give special attention and help to mothers before and during a reasonable period after delivery;
b) Ensure that children are adequately fed, both at the time of breastfeeding and during school age;
c) Adopt special measures for the protection of adolescents in order to ensure the full maturation of their physical, intellectual and moral capabilities;
d) Run special family training programs to contribute to the creation of a stable and positive environment in which children perceive and develop the values of understanding, solidarity, respect and responsibility.
ARTICLE 16. CHILDREN ' S RIGHT. Every child is the right of the child to the protective measures that his or her child's condition requires from his family, society and the State. Every child has the right to grow under cover and under the responsibility of his parents, except exceptional circumstances, judicially recognized, the young child must not be separated from his mother. Every child has the right to free and compulsory education, at least in his elementary stage, and to continue his training at higher levels of the education system.
ARTICLE 17. PROTECTION OF THE ELDERLY. Every person has the right to special protection during his or her old age. In such a role, the States Parties undertake to progressively adopt the necessary measures to bring this right to practice and in particular to:
(a) Provide adequate facilities, as well as food and specialized medical care for elderly people who lack it and are not in a position to provide it for themselves;
b) Run specific work programmes aimed at giving the elderly the opportunity to carry out a productive activity appropriate to their abilities while respecting their vocation or wishes;
c) To stimulate the formation of social organizations aimed at improving the quality of life of the elderly.
ARTICLE 18. PROTECTION OF THE DISABLED. Everyone affected by a decrease in their physical or mental abilities has the right to receive special attention in order to achieve the maximum development of their personality. To this end, the States Parties undertake to take the necessary measures for that purpose, and in particular to:
(a) To implement specific programmes aimed at providing the disabled with the resources and the environment necessary to achieve this objective, including work programmes which are appropriate to their potential and which must be freely accepted by or by their legal representatives, where appropriate;
b) Provide special training for the families of the disabled in order to help them solve the problems of living together and turn them into active agents of the physical, mental and emotional development of these people;
c) Include in their urban development plans the consideration of solutions to the specific requirements generated by the needs of this group;
(d) To stimulate the training of social organisations in which the disabled can develop a full life.
1. The States Parties to this Protocol undertake to present, in accordance with the provisions of this Article and the corresponding rules to be drawn up by the General Assembly of the Organization of American States, periodic reports on the progressive measures they have taken to ensure due respect for the rights enshrined in the same Protocol.
2. All reports shall be submitted to the Secretary General of the Organization of American States, who shall transmit them to the Inter-American Economic and Social Council and to the Inter-American Council for Education, Science and Culture, to to examine them in accordance with the provisions of this Article. The Secretary General shall send copies 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 agencies of the inter-American system, of which the States Parties to this Protocol are members, copies of the reports sent or of the relevant parts of these, in so far as they relate to matters falling within the competence of those bodies, in accordance with their instruments of incorporation.
4. The specialized agencies of the inter-American system may present to the Inter-American Economic and Social Council and to the Inter-American Council for Education, Science and Culture reports on compliance with the provisions of the Protocol, in the field of its activities.
5. Annual reports to the General Assembly of 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 This Protocol and the specialized agencies on the progressive measures taken to ensure that the rights recognized in the Protocol itself are respected and the recommendations of a general nature that are deemed to be relevant.
6. In the event that the rights set out in paragraph (a) of Article 8or. and in Article 13 were violated by an action directly attributable to a State Party to this Protocol, such a situation could result, through the participation of the Inter-American Commission on Human Rights Human, and, where appropriate, the Inter-American Court of Human Rights, to the application of the system of individual petitions governed by Articles 44 to 51 and 61 to 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 make the observations and recommendations it considers relevant to the situation of economic, social and cultural rights. established in this Protocol in all or in some of the States Parties, which may include in the annual report to the General Assembly or in a special report, as it considers appropriate.
8. The Council and the Inter-American Commission on Human Rights in the exercise of the functions conferred upon them in this Article shall take into account the progressive nature of the validity of the rights to be protected by this Protocol.
ARTICLE 20. RESERVES. States Parties may make reservations about one or more specific provisions of this Protocol when it is approved, signed, ratified or adhered to, provided that they are not incompatible with the object and purpose of the Protocol. Protocol.
ARTICLE 21. SIGNATURE, RATIFICATION OR ACCESSION. Entry into force.
1. This Protocol shall be open for signature and for the ratification or accession of any State Party to the American Convention on Human Rights.
2. Ratification of this Protocol or accession to the Protocol shall be effected by the deposit of an instrument of ratification or accession at the General Secretariat of the Organization of American States.
3. The Protocol shall enter into force as soon as 11 States have deposited their instruments of ratification or accession.
4. The Secretary-General shall inform all the Member States of the Organization of the entry into force of the Protocol.
1. Any State Party and the Inter-American Commission on Human Rights may submit to the consideration of the States Parties, meeting on the occasion of the General Assembly, proposals for amendment in order to include the recognition of other rights. and freedoms, or others intended to extend or extend the rights and freedoms recognized in this Protocol.
2. The amendments shall enter into force for the States ratifying them on the date of deposit of the respective instrument of ratification corresponding to the number of the two-thirds of the States Parties to this Protocol. As for the other States Parties, they shall enter into force on the date on which they deposit their respective instruments of ratification.
Rev. 17 November 1988.
A 52. Additional Protocol to the American Convention on Human Rights in Matters of Economic, Social and Cultural Rights "Protocol of San Salvador".
Subscribed in San Salvador, El Salvador, on November 17
of 1988, in the Tenth Eighth Regular Period of Sessions
from the General Assembly ENTRY INTO FORCE: So soon
as 11 States have deposited the respective
instruments of ratification or accession.
DEPOSITARY: OAS General Secretariat
(Original instrument and ratifications).
TEXT: Series on OAS Treaties, number 69.
Signatory Countries Deposit ratification.
The undersigned Head of the Legal Office
of the Ministry of Foreign Affairs
That the present reproduction is faithful photocopy taken from the text of the Additional Protocol to the American Convention on Human Rights in the field of Economic, Social and Cultural Rights "Protocol of San Salvador", signed in San Salvador on November 17, 1988, which rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogota, D.C., a los très (3) dias
of the month of April of a thousand nine hundred and ninety-five (1995).
the Chief Legal Officer,
HECTOR ADOLFO SINTURA VARELA.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D.C.
Approved. Submit to the honorable consideration
National Congress for Constitutional Effects.
ERNESTO SAMPER PIZANO
The Foreign Minister,
RODRIGO PARDO GARCIA-PENA.
ARTICLE 1A. Approve the " Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social and Cultural Rights of San Salvador, signed in San Salvador on November 17, 1988.
ARTICLE 2A Pursuant to the provisions of Article 1o. of Law 7a. In 1944, the "Additional Protocol to the American Convention on Human Rights in the Field of Economic, Social and Cultural Rights", Protocol of San Salvador, signed in San Salvador on 17 November 1988, which is based on Article 1A of the Law is approved, it will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3A. This Law governs from the date of its publication.
The President of the honorable Senate of the Republic,
LUIS FERNANDO LONDONO CAPURRO.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
GIOVANNY LAMBLOGIA MAZZILLI.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Contact and post.
Execute previous Constitutional Court review,
pursuant to article 241-10 of the Political Constitution.
Dada en Santa Fe de Bogota, D.C., on 20 September 1996.
ERNESTO SAMPER PIZANO
The Foreign Minister,
MARIA EMMA MEJIA