Appendix I: Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador”

DOI10.1177/016934419201000211
Publication Date01 June 1992
SubjectPart C: Appendices
NQHR
2/1992
PART
C: APPENDICES
APPENDIX
I
ADDITIONAL
PROTOCOL
TO
THE
AMERICAN
CONVENTION
ON
HUMAN
RIGHTS
IN
THE
AREA
OF
ECONOMIC,
SOCIAL
AND
CULTURAL
RIGHTS
"PROTOCOL
OF SAN
SALVADOR"
Preamble
The States Parties to the American Convention on Human Rights "Pact of
San
Jose, 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 recognitionof 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 AmericanConvention on Human Rights, the ideal
offree
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
hi~
civil and political rights;
Bearing in mindthat, 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
232

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