1996 (September 20)
Official Gazette No. 42,884 of September 24, 1996
Through which the Additional Protocol to the American Convention on Human Rights was adopted on rights economic, Social and Cultural Rights "Protocol of San Salvador," signed in San Salvador on 17 November 1988. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights "Protocol of San Salvador" Protocol, signed in San Salvador on November 17, 1988 .
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights "Protocol of San Salvador".
The States Parties to the American Convention on Human Rights "Pact of San José de 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 national to be of a certain state, but are based upon attributes of the human person, and therefore justify international protection, reinforcing or complementing conventional nature of offering the domestic law of the American states;
Considering the close relationship between the enjoyment of economic, social and cultural rights and civil and political rights, because the different categories of rights constitute an indivisible whole based on the recognition of the dignity of the human person, and therefore they require permanent protection and promotion in order to be fully realized without can never be justified the violation of some rights in favor of the realization of others;
Recognizing the benefits derived from the encouragement and development of cooperation among States and international relations;
Recalling that under the Universal Declaration of Human Rights and the American Convention on Human Rights with only can the ideal of free human beings enjoying freedom from fear and misery made if conditions are created to enable each may enjoy his economic, social and cultural rights as well as 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, is of great importance that these rights be reaffirmed, developed, perfected and protected in order to consolidate in America, on the basis of full respect for the rights of the person, the representative democratic government, and the right of its peoples to development, self-determination and to freely dispose of their natural wealth and resources, and
That the American Convention on Human Rights states that can be submitted for consideration of States Parties gathered during the General Assembly of the Organization of American Rights, proposed protocols to the Convention for the purpose of progressively included in the system of protection of it, other rights and freedoms,
have agreed upon 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 domestically and through international cooperation among States, especially economic and technical, to the maximum of available resources and taking into account their degree of development, to achieving progressively and in accordance with domestic law, the full realization of the rights recognized in this Protocol.
. OBLIGATION TO ADOPT DOMESTIC LAW. If the exercise of the rights set forth in this Protocol is not already guaranteed by legislative or other measures, States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Protocol, such legislative or other measures, They may be necessary to give effect to those rights.
ARTICLE 3o. Non-discrimination obligation. The States Parties to this Protocol undertake to guarantee the exercise of the rights set forth therein, without discrimination on grounds of race, color, sex, language, religion, political or other opinion, national or social origin , property, birth or other status.
. NO ADMISSION OF RESTRICTIONS. You can not be restricted or curtailed the rights recognized or existing in a State under its domestic law or international conventions, on the pretext that this Protocol does not recognize or recognizes it to a lesser degree.
The 5th ARTICLE. SCOPE AND LIMITATIONS OF RESTRICTIONS. States Parties may impose restrictions and limitations on the enjoyment and exercise of rights under this Protocol, by laws enacted in order to preserve the general welfare in a democratic society, to the extent they do not contradict the purpose and rationale the same.
. RIGHT TO WORK.
1. Everyone has the right to work, which includes the opportunity to obtain the means for a dignified and decent existence by performing a freely elected or accepted lawful activity.
2. States Parties undertake to adopt measures to ensure full realization of the right to work, especially with regard to the achievement of full employment, vocational guidance and project development of technical and vocational training, particularly those directed to the disabled. States parties also undertake to implement and strengthen programs that help to ensure suitable family care, designed to enable women to have a real opportunity to exercise the right to work.
Article 7. Fair, equitable and favorable conditions of work. The States Parties to this Protocol recognize that the right to work to which the previous article refers presupposes that everyone shall enjoy that right under just, equitable and satisfactory conditions, for which the States Parties shall ensure in their national laws, particularly :
a) a minimum remuneration ensuring for all workers dignified and decent living for themselves 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 meets their expectations and to change employment in accordance with national regulations;
C) The right of every worker to promotion or upward mobility in his work, for which their qualifications, competence, integrity and length of service is taken into account;
D) The stability of workers in their jobs, according to the characteristics of industries and professions and the causes for just separation. In cases of unjustified dismissal, the worker is entitled to compensation or to reinstatement on the job or any other benefits provided by domestic legislation;
E) health and safety at work;
F) The prohibition of night work or unhealthy or dangerous under 18 work and, in general, any work that might endanger their health, safety or morals. In the case of under-16s, the work day shall be subordinated to the provisions regarding compulsory education and in no case may constitute an impediment to school attendance or a limitation on benefiting from education received;
G) The reasonable limitation of working hours, both daily and weekly. The days shall be shorter in the case of dangerous, unhealthy or night work;
H) Rest, leisure and paid vacations as well as remuneration for national holidays.
. TRADE UNION RIGHTS.
1. States Parties shall ensure:
a) The right of workers to organize and join unions of their choice for the protection and promotion of their interests. As an extension of this right, States Parties shall permit trade unions to establish national federations or confederations and partner to existing as well as to form international trade union organizations and affiliate with that of their choice. 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 can previously be subject only to the restrictions established by law, provided that these are proper to a democratic, necessary to safeguard public order, to protect public health or morals society and the rights and freedoms of others. Members of the armed forces and police, like those of other essential public services shall be subject to the limitations and restrictions imposed by law.
3. No one may be compelled to belong to a union.
Article 9. THE RIGHT TO SOCIAL SECURITY.
1. Everyone has the right to social security protecting him from the consequences of old age and disability which prevents him, physically or mentally to get the means for a dignified and decent life. In case of death of the beneficiary's social security benefits will be applied to his dependents.
2. In the case of people who are working, the right to social security shall cover at least medical care and an allowance or retirement benefit in cases of accidents or occupational disease and, in the case of women, paid maternity leave before and after delivery.
ARTICLE 10. RIGHT TO HEALTH.
1. Everyone has the right to health, understood as the highest level of physical, mental and social well-being.
2. In order to realize the right to health, States Parties undertake to recognize health as a public good and particularly, to adopt the following measures to ensure that right:
a) Primary health care, understanding is, essential health care made available to all individuals and families in the community;
B) The extension of the benefits of health services to all individuals subject to the jurisdiction of the State;
C) The immunization against the major 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) Meeting the health needs of the highest risk groups and of those whose poverty makes them more vulnerable.
ARTICLE 11. RIGHT TO A HEALTHY ENVIRONMENT.
1. Everyone has the right to live in a healthy environment and have access to basic public services.
2. 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 do this right and eradicate malnutrition, the States Parties undertake to improve methods of production, supply and distribution of food, for which they undertake to promote greater international cooperation in support of national policies on matter.
ARTICLE 13. RIGHT TO EDUCATION.
1. Everyone has the right to education.
2. The States Parties to this Protocol agree that education should be directed to the full development of the human personality and the sense of dignity and should strengthen respect for human rights, ideological pluralism, fundamental freedoms, justice and peace . They agree, also, that education shall enable all persons 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 and promote activities for the maintenance of peace.
3. The States Parties to this Protocol recognize that in order to achieve the full realization of the right to education:
a) Primary education shall be compulsory and available free to all;
B) Secondary education in its different forms, including technical and vocational secondary education, shall 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 shall 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) should be encouraged or intensified as far as possible, basic education for those who have not received or completed the whole cycle of primary instruction;
E) should be established of special education programs for disabled to provide special instruction and training to persons with physical disabilities or mental deficiencies.
4. In accordance with the domestic laws of the States Parties, parents have the right to choose the kind of education that shall be given to their children, provided that it conforms to the principles set forth above.
5. Nothing in this Protocol shall be interpreted as restricting the liberty of individuals and bodies to establish and direct educational institutions, according to the domestic laws of the States Parties.
ARTICLE 14. RIGHT TO THE BENEFITS OF CULTURE.
1. The States Parties to this Protocol recognize the right of everyone:
a) Participate in cultural and artistic life of the community;
B) To enjoy the benefits of scientific and technological progress;
C) To benefit from the protection granted to you by reason of any scientific, literary or artistic production of which he is the author moral and material interests.
2. Among the measures that States Parties to this Protocol shall be taken to ensure the full realization of this right shall include those necessary for the conservation, development and dissemination of science, culture and art.
3. 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 derived from the encouragement and development of cooperation and international relations in scientific, artistic and cultural issues, and accordingly agree to foster greater international cooperation on the matter.
ARTICLE 15. RIGHT TO THE CONSTITUTION AND PROTECTION OF THE FAMILY.
1. The family is the natural and fundamental group unit of society and must be protected by the State, which should ensure the improvement of its spiritual and material conditions.
2. Everyone has the right to establish a family, which shall be exercised in accordance with the provisions of the relevant domestic legislation.
3. States parties by this Protocol undertake to provide adequate protection to the family unit and in particular to:
a) provide special care and assistance to mothers before and during a reasonable period after delivery;
B) guarantee children adequate food, both in the nursing stage and during school age;
C) adopt special measures for protection of adolescents in order to ensure the full development of their physical, intellectual and moral capacities;
D) To undertake special programs of family training so as to contribute to the creation of a stable and positive environment in which children will receive and develop the values of understanding, solidarity, respect and responsibility.
ARTICLE 16. RIGHT OF CHILDREN. Every child whatever his parentage, has the right to the protection measures that his status as a minor requires from his family, society and the state. Every child has the right to grow the care and under the responsibility of their parents, except in exceptional circumstances, judicially recognized, the young child should not 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 education.
ARTICLE 17. PROTECTION OF THE ELDERLY. Everyone has the right to special protection in old age. In this role, States Parties undertake to take progressively the necessary steps to make this right into practice and in particular measures:
a) Provide suitable facilities, as well as food and specialized medical care to people elderly individuals who lack them and are not in a position to provide them for themselves;
B) To implement work programs specifically designed to give the elderly the possibility of a productive activity suited to their abilities and their vocations or desires;
C) Encourage the establishment of social organizations aimed at improving the quality of life of the elderly.
ARTICLE 18. PROTECTION OF DISABLED. Everyone affected by a diminution of his physical or mental capacities is entitled to receive special attention in order to achieve the maximum development of his personality. To this end, States Parties undertake to adopt the measures necessary for that purpose and in particular:
A) to implement specific programs aimed at providing the handicapped with the resources and environment needed to achieve that goal, including work programs appropriate to their possibilities and should be freely accepted by them or their legal representatives, if any;
B) Provide special training to the families of the disabled to help them solve the problems of coexistence and convert them into active agents in the physical, mental and emotional development of these;
C) Include a priority component of their urban development plans consideration of solutions to specific requirements arising from needs of this group;
D) Encourage the establishment of social groups in which the handicapped can be a full life.
ARTICLE 19. MEANS OF PROTECTION.
1. The States Parties to this Protocol undertake to submit, in accordance with the provisions of this article and the corresponding rules to effect be established 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 Protocol.
2. All reports will be submitted to the Secretary General of the Organization of American States who shall transmit to the Inter-American Economic and Social Council and the Inter-American Council for Education, Science and Culture so that they may examine under 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 agencies of the inter-American system, which are members of the States Parties to this Protocol, copies of reports sent or relevant parts thereof, to the extent which relate to matters within the competence of those bodies, in accordance with their constitutional instruments.
4. Specialized agencies of the inter-American system may submit to the Economic and Social Council and the Inter-American Council for Education, Science and reports on compliance with the provisions of this Protocol, in the field of Culture activities.
5. The annual reports submitted to the General Assembly the Inter-American Economic and Social Council and the Inter-American Council for Education, Scientific and Cultural contain a summary of the information received from the States Parties to this Protocol and the specialized agencies on progressive measures taken to ensure respect for the rights recognized in the Protocol itself and general recommendations that are deemed relevant in this regard.
6. In the event that the rights established in paragraph a) of Article 8. and Article 13 are violated by action directly attributable to a State Party to this Protocol, such a situation could lead, through the participation of the Inter-American Commission on Human Rights, and where appropriate of the Inter-American Court of Human Rights, 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 formulate such observations and recommendations as it deems pertinent concerning the status of economic, social and cultural rights set forth in this Protocol in all or some of the States Parties , which may include in the annual report to the General Assembly or in a special report, as deemed appropriate.
8. The advice 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 observance of the rights subject to protection by this Protocol.
ARTICLE 20. RESERVATIONS. States Parties may make reservations to one or more specific provisions of this Protocol at the time of approval, signature, ratification or accession to it, provided they are not incompatible with the object and purpose of the Protocol.
ARTICLE 21. SIGNATURE, RATIFICATION OR ACCESSION. Entry into force.
1. This Protocol shall be open for signature and ratification or accession by any State Party to the American Convention on Human Rights.
2. Ratification of this Protocol or accession thereto shall be effected by the deposit of an instrument of ratification or accession with the General Secretariat of the Organization of American States.
3. The Protocol will enter into force as soon as eleven states have deposited their instruments of ratification or accession.
4. The Secretary General shall inform all Member States of the Organization of the entry into force of the Protocol.
ARTICLE 22. INCORPORATION OF OTHER RIGHTS AND EXTENSION OF RECOGNIZED.
1. Any State Party and the Inter-American Commission on Human Rights may submit for the consideration of the States Parties gathered during the General Assembly, proposed amendments in order to include recognition of other rights and freedoms or other for extending or extend the rights and freedoms recognized in this Protocol.
2. Amendments shall enter into force for the states ratifying them on the date of deposit of the instrument of ratification corresponding to the number of two-thirds of the States Parties to this Protocol. As for the other States Parties shall enter into force on the date of deposit of their instruments of ratification.
Rev. 17 November 1988.
A 52. Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights "Protocol of San Salvador" Rights.
Signed in San Salvador, El Salvador, on 17 November 1988
in the Eighteenth Regular Session of the General Assembly
ENTRY INTO FORCE:
As soon as eleven states have deposited
respective instruments of ratification or accession.
DEPOSITORY: OAS General Secretariat
(Original instrument and ratifications).
TEXT: OAS Treaty Series, number 69. UN REGISTRATION
Deposit ratification signatory countries.
Argentina Bolivia Ecuador
Costa Rica El Salvador Guatemala
Haiti Mexico Nicaragua
Republic Uruguay Dominican
the undersigned Head of the Legal Office of the Ministry
That this reproduction is faithful copy taken from the text of the additional Protocol to the American Convention on Human rights in the Area of Economic, Social and Cultural rights "Protocol of San Salvador," signed in San Salvador on November 17, 1988, which lies in the archives of the Legal Office of the Ministry rights.
Given in Santa Fe de Bogota, DC, three (3) days
of April in 1995 (1995).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA. DECREES
ARTICLE 1A. Approval of the "Additional Protocol to the American Convention on Human Rights regarding Economic, Social and Cultural Rights Protocol of San Salvador, signed in San Salvador on 17 November 1988. Article 2A
accordance with Article 1o. of the 7th Act. 1944, "Additional Protocol to the American Convention on Human Rights regarding Economic, Social and Cultural Rights" Protocol of San Salvador, "signed in San Salvador on November 17, 1988 , which Article 1A of this Act is approved, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives, GIOVANNY
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, 20 September 1996.
Ernesto Samper Pizano Minister of Foreign Affairs,
Maria Emma Mejia