Constitutional protection of the economic, social and cultural rights of article 26 of the American Convention on Human Rights

Abstract

The purpose of this paper is to suggest an interpretation of article 26 of the American Convention of Human Rights which allows the protection of certain economic, social and cultural rights within the Inter-American System. This interpretation seeks to mediate between those positions which consider article 26 as a non operative rule, and those which regard it as the key to the full protection of those rights. Finally, authors try to establish the list of the rights that article 26 protects.