International obligations regarding economic, social and cultural rights in light of the American Convention on Human Rights

Abstract

This article discusses the obligations of the States in the area of Economic, Social and Cultural Rights (ESCR) derived from Article 26 of the American Convention on Human Rights and Articles 1 and 2 of the Protocol of San Salvador. The objective of this analysis is to determine the nature and scope of the State obligations deriving from such instruments, particularly the obligation of progressiveness and its consequent prohibition of regression, taking into account the resource availability.